Category Archives: Intellectual Property (IP)

CLE COURSE: DIGITAL FORENSICS FOR ATTORNEYS 102

Just because a person installs some software on the neighbor’s computer does not make them a digital forensics expert. And when your client is looking at 30 years in prison, this is not the person you want to retain as the digital forensics expert in your next case.

Digital Forensics

There is a tremendous knowledge gap in our legal system today when it comes to matters involving digital evidence. In our years of experience in working with attorneys as digital forensics experts, common questions arise again and again: What do I ask for? Is the evidence relevant? What does this item in the forensic report mean? What should I ask the other expert? What should I ask you? Can you explain that to a jury?[1]

Digital forensics is a highly technical field. The expert you select must have the proper investigative and technical background – in addition to being able to understand their place in the legal system. If you need help selecting a digital forensics expert for your next case join Lars Daniel as he covers how to select the best expert, discovery & usage of digital evidence and challenging digital evidence. To access this course please click here: Digital Forensics for Attorneys 102.

Lars also discusses:

  • Computer experts vs. forensic experts
  • Key points to selecting an expert
  • Forensic & non-forensic certifications
  • Forensic tools
  • The expectations of the digital expert
  • The Brad Cooper murder trial
  • Spotting the problem expert
  • United States v. Bryan James Gardner
  • Browser caching
  • Challenging text messages
  • Macrium images

Lars Daniel has numerous digital forensics certifications. The co-author of the book Digital Forensics for Legal Professionals, Lars has attended over 250 hours of forensic training and has worked on over 500 cases involving murder, child pornography, terrorism, rape, kidnapping, intellectual property, fraud, wrongful death, employee wrongdoing and large scale e-discovery collections.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in New York and around the country. For more information about CLE in California please click the following link: NY CLE.

[1] Excerpt from Digital Forensics for Legal Professionals: Understanding Digital Evidence From the Warrant to the Courtroom

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CLE Course: Digital Forensics for Attorneys 101

A wife is murdered in her own home. The husband claims he tried to stop the intruder but the large man over powered him and tied him up to a chair. But the wife’s Fitbit tells a different version of the story than the tale that the husband presents. As the police investigate the case and harness the digital information created by the wife’s Fitbit, it becomes instantly clear that the husband’s story does not match up and he is arrested and charged with murder.

Digital Forensics

Welcome to our brave new electronic world where cameras, cell phones, Fitbits – and even video game systems – are used as crucial evidence in civil and criminal trials.

Digital information and digital forensics has become crucial in many cases – from child pornography to fraud. Learning where to look for the digital evidence and how it can be deployed at trial is crucial in the 21st century practice of law. In Part one of this two part introductory series Lars Daniel mainly covers the various types of digital evidence to consider in your cases, the evolution of digital evidence, what digital forensics encompasses and the acquisition & preservation of digital evidence. Lars also specially addresses harnessing digital information from Google searches, Facebook Chats, “Private” Browsing, Connected Devices, Chrome, Firefox and jump lists. To access the course please click here: Digital Forensics for Attorneys 101.

This CLE course also covers:

  • Our new online lives
  • Digital footprints
  • Digital media in legal cases
  • The four primary areas of digital forensics
  • Sub-disciplines of digital forensics
  • Extracting forensically sound evidence
  • How data is organized and the fragile nature of digital evidence

Lars Daniel has numerous digital forensics certifications. The co-author of the book Digital Forensics for Legal Professionals, Lars has attended over 250 hours of forensic training and has worked on over 500 cases involving murder, child pornography, terrorism, rape, kidnapping, intellectual property, fraud, wrongful death, employee wrongdoing and large scale e-discovery collections.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in Illinois and around the country. For more information about CLE in Illinois please click the following link: IL CLE.

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New CLE on Copyright, Fair Use & Permission to Use

Copyright protection has become incredibly important for content producers. In our new Digital Age, copyright protected content can be copied, pasted and distributed around the globe in seconds. However, there are many common myths associated with copyright protection, fair use and permission to use copyrighted works.

Copyright Protection & Myths

Are you guilty of telling one of your clients to put their work in a sealed envelope and mail it to themselves??

In this CLE course, Rex Brabson provides an entertaining discussion about key issues in copyright law and the common misconceptions about fair use and permission to use copyrighted works. Rex will mainly cover: the elements to establish a valid copyright, common issues faced by authors & businesses, common myths associated with fair use and permission to use copyrighted works. To access the course please click here: Copyright, Fair Use, and Permissions for Authors.

Evan will also address:

  • The five copyright rights
  • How rights are acquired
  • Original works of authorship
  • Fixed in a tangible medium
  • The value of registration
  • Copyright compared to trademark law
  • Works made for hire, what is not protected
  • The four fair use factors
  • Content that requires permission to use
  • Protection for databases
  • The abstraction-filtration comparison test

Rexford Brabson is of counsel at Branfman Law Group. Rex mainly handles state and federal trademark applications and Responses to Office Actions, in addition to preparing and filing copyright applications. A graduate of the University of San Diego School of Law, Rex was admitted to the State Bar of California in 2014.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in New York and around the country. For more information about CLE in New York please click the following link: NY CLE.

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New CLE: A Primer on European Patent Practice

Entrepreneurs and inventors often come up with great ideas that they think will be the next great product at home in the United States and around the world. But patenting that Green Bay Packer cheese head beer coolie hat in Germany might not be the best idea – no matter how great your client thinks it will sell.

European Patent Law

Patents having effect in most European states may be obtained either nationally, via national patent offices, or via a centralized patent prosecution process at the European Patent Office (EPO)

In this CLE program, Eric Hanscom and Greg Sach highlight key legal and practical points about seeking patent protection in the EU. Eric and Greg will mainly discuss the U.S. patent system, the EU patent system and common pitfalls when seeking patent protection in the EU. To access the course please click here: A Primer on European Patent Practice.

Additional subjects covered:

  • The three types of U.S. patents
  • Provisional patent applications in the U.S. & Europe
  • Comparing the cost of U.S. vs. European patents
  • Popular validations in Europe
  • The unitary patent
  • Typical EPO examination procedures
  • Costs & timelines
  • Added subject matter
  • Intermediate generalizations
  • Novelty & the two categories of prior art
  • The inventive step
  • Patent ineligible subject matter
  • Methods for treatment
  • The number of claims

Eric Hanscom is actively involved in overseeing litigation, contract negotiation and customs issues around the globe over matters ranging from patent and trademark infringement to breach of contract. With over 14 years of experience in the patent profession, Greg Sach has expertise in drafting, prosecution and appeal proceedings for the European Patent Office and he also handles patent applications before the UK and Germany.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in New York and around the country. For more information about CLE in New York please click the following link: NY CLE.

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New CLE on IP Protection & the Cannabis Industry

Yes, the cannabis industry is growing like a weed… a well-watered weed. Since states have begun legalizing marijuana for medicinal and recreational purposes, consumer demand has skyrocketed.

The Cannabis Industry & IP Protection

Marijuana sales are projected to exceed $20 billion annually within the next few years. As this new legal industry grows exponentially, so too do the intellectual property issues associated with these new cannabis businesses.

Intellectual property attorney Dave Branfman has been a pioneer in this field, recognizing very early that these new cannabusinesses face novel IP issues. In this course, Dave joins fellow IP attorney Eric Hanscom for an enlightening and entertaining look at how patent, copyright and trademark law can protect these new companies, their “flowers” and the derivative products they produce. To access the course please click here: Growing Like a Weed: Intellectual Property Issues in the Cannabis Industry.

Eric and Dave will also discuss:

  • Design, utility & plant patents
  • Provisional patents
  • The PVPA (Plant Variety Protection Act)
  • Federal law
  • Cannabis patents issued
  • Strong & weak trademarks
  • Increasing competition in the industry
  • Selecting names for strains
  • Developing content rich logos
  • Licensing
  • IP litigation in the cannabis industry

An intellectual property attorney, Eric Hancom is actively involved in overseeing litigation, contract negotiation and customs issues in the US, Asia, Europe, South American and Australia over matters ranging from patent and trademark infringement to breach of contract. David Branfman’s practice focuses on intellectual property and entertainment law, including trademarks, copyrights, trade secrets, licensing, motion pictures & TV and music.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in New York and around the country. For more information about New York CLE in please click the following link: NY CLE.

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What’s in a Name – CLE on Selecting, Identifying & Protecting Trademarks

For many entrepreneurs and business owners, the intellectual property of the company is the last thing on their mind when starting and running their business. They are more concerned with getting their business off the ground, hitting sales marks and growing their business. However, intellectual property is often the most valuable asset of the business and it must be properly protected – especially trademarks because they are what consumers recognize in the marketplace.

Selecting a Trademark

 A strong trademark or service mark can make the difference between a wildly successful business – and its not-so-successful competition.

In this CLE course Christian Fenton teaches you how to counsel your business clients when selecting, identifying and protecting trademarks for their businesses, brands, products and services. Christian will mainly discuss the foundations of trademark law, identifying & searching for a conflicting trademark and the main benefits of federal trademark protection. To access this course please click here: What’s in a Name: The Fundamentals of Trademark Law.

These topics are also covered in this CLE course:

  • Types of trademarks
  • The main goals of trademark protection
  • The origins of trademark law
  • The federal trademark statute
  • Continuous use of the trademark
  • Identifying a strong mark
  • How to search for conflicting trademarks
  • Trademark infringement
  • Duration of the mark

Christian is licensed to practice law in Hawaii and California, is a registered patent attorney and has been litigating cases for nearly 10 years. Throughout that time, Christian obtained a broad base of legal experience, including that obtained from having been a managing attorney at a large San Diego law firm. Christian’s practice focuses on intellectual property prosecution and litigation, as well as other business litigation.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in California and around the country. For more information about CLE in California please click the following link: CA CLE.

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New CLE on Trademark Prosecution: Responding to Office Actions and Likelihood of Confusion

Your client decides on the name FancyStar for her new line of designer jewelry. You finally hear back from the USPTO after filing the trademark application, but the examining attorney isn’t so excited about the trademark. In the Office action, the examining attorney states that the term ‘Fancy’ in the trademark could possibly lead to a likelihood of confusion with other established jewelry marks. How do you respond to this office action?

Office Actions

When a USPTO trademark examining attorney issues an Office action about your trademark, the Office action indicates that there are legal issues with respect your trademark application.

In this second installment on trademark prosecution, Michael Feigin provides a lively and practical discussion on how to respond to Office actions from the USPTO. Michael will discuss the likelihood of confusion standard and also covers a number of key refusals. This is a highly practical course and Michael uses a number of interesting case examples from his own practice. To access the course please click here: Trademark Prosecution Part II: Responding to Office Actions and Likelihood of Confusion.

Additional issues covered:

  • The refusal of surnames
  • Significance in the industry that the goods are made
  • The description of goods/services
  • Descriptive trademarks
  • The benefits of the primary & supplemental register
  • The trademark description
  • Identification of services
  • Missing deadlines
  • Translation issues
  • False connection
  • How to proceed if the specimen is deemed unacceptable

A graduate of Rutgers University Jersey and Seton Hall Law School, Mr. Feigin is a licensed Attorney in New Jersey, New York and at the United States Patent and Trademark Office. As an Intellectual Property attorney, he focuses his practice on drafting patents and prosecuting trademarks for clients.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in New Jersey and around the country. For more information about CLE in New Jersey please click the following link: NJ CLE.

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CLE Course: Sex, Drugs, and Rock ‘n’ Roll – How Modern Lifestyle Industries Push the Limits of IP Law

Can a rock band named the “Slants” get a trademark on their band name? Can Apple get a patent for a device that can be used to vaporize marijuana? Does the owner of a “tube” website featuring adult content get immunity from user uploaded videos under the Digital Millennium Copyright Act (DMCA)?

While most of us have a basic understanding of copyright, trademarks and patents, we don’t always think about how intellectual property law can protect our client’s products, brands and services in the context of modern lifestyle industries.

This CLE course is a fascinating review of the specific rules that are triggered by clients who are in industries that push the edges of social norms – such as medical marijuana, adult content and the Rock n’ Roll music industry. Peter Afrasiabi also addresses the fascinating morality standards that apply and are deployed in the trademarking and patenting process to limit the scope of trademarks and patents in matter that is deemed scandalous by the government. To access this please click here: Sex, Drugs, and Rock ‘n’ Roll: How Modern Lifestyle Industries Push the Limits of IP Law.

We will start with an IP overview for the general practitioner and then explore the copyrighting, trademarking and patenting rules that are being tested by these industries.

From battles with Madonna over the “Material Girl” brand to fair use disputes with the Eagles’ Don Henley to protecting such iconic brands as Bettie Page in trademark and trade dress disputes, Peter R. Afrasiabi primarily handles copyright, trademark, and entertainment disputes. He is also the Chair of the Appellate Practice Group for One LLP and co-director of the Appellate Litigation Clinic at the University of California, Irvine School of Law.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in California and around the country. For more information about CLE in California please click the following link: CA CLE.

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New CLE on Patent Protection in the United States

A well-known phrase amongst IP practitioners is that patentable subject matter may include “anything under the sun that is made by man.” However, it should come as no surprise that not every invention is patentable – even if it falls within the four classes of “statutory subject matter.”

Abraham Lincoln

“The Patent System added the fuel of interest to the fire of genius.”

To learn more about what qualifies for patent protection in the United States, join Vish Mohan for an excellent review patentable subject matter. Vish mainly covers the hallmarks of patent law and then details the standards determined to issue patents – patent eligible subject matter, useful, new, nonobvious and adequate written description. The following hallmark cases are also discussed: KSR International Co. v. Teleflex Inc., Diamond v. Chakrabarty, Bilski v. Kappos and Alice Corp. v. CLS Bank International. To access this course please click here: Anything Under the Sun: A Primer on Patent Law Protection.

Additional subjects addressed include:

  • Utility, design & plant patents
  • How you get a patent
  • The four classes of patentable subject matter
  • Substantial & credible utility
  • Public use
  • Described in a printed publication
  • “On sale”
  • Otherwise available to the public
  • The best mode

Vishwanath (“Vish”) Kootala Mohan is an intellectual property associate at One LLP in Costa Mesa, California. Coming from a Mechanical Engineering background, his practice focuses on intellectual property law, including patent and trademark prosecution and IP litigation involving patent, trademark, and copyright issues.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in California and around the country. For more information about CLE in California please click the following link: CA CLE.

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New CLE on Legal Issues Created by Autonomous Cars

You’ve seen them on the Internet. Some people have seen them on the roads. Autonomous vehicles are here, many more are on the way, and they are going to change the world we live in. In a few short years, many of the cars on the road driving next to you will not be driven by human beings.

Robot Cars

Think about this – when a driverless car gets pulled over for speeding who gets the ticket? Or when a Tesla on auto pilot crashes killing the driver – is the car company liable?

Driverless cars are the wave of the future and they will change our world. How will this new technology affect your practice? Attorney Brett Schreiber provides a glimpse into the future of the auto industry, the potential liability of driverless cars and how these robot cars will affect your legal practice. To access this fascinating course that offers a glimpse into the future please click here: Robot Cars: Legal Potholes in the Road Ahead.

Brett also covers the following topics:

  • The future of cars
  • The rise of automation
  • The macro level look of automated driving
  • The effects on the trucking industry
  • Ride sharing companies
  • Joint ventures in the auto & tech industry
  • The results of automation
  • Getting access to car data
  • Autonomous driving bills around the country
  • Legal liability
  • The changes coming to personal injury practice
  • The Tesla accident
  • SB 1298
  • Defining the “operator” & “driver” of the vehicle

Brett Schreiber’s practice includes mass torts, personal injury, medical malpractice and condemnation law. Brett is a young lawyer who has begun to distinguish himself as one of the next generation of legal leaders. In 2009 he earned recognition as one of San Diego’s Top Attorneys, perhaps the youngest person to do so. He is slated to be the youngest President in the history of the Consumer Attorneys of San Diego.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in California and around the country. For more information about CLE in California please click the following link: CA CLE.