Copyright Trolls Are Never in Fashion:
Copyright Infringement Suits and Strategies for Fighting Back
Date: Friday, May 24, 2013
Format: Live Webinar
Duration: 90 minutes
12:00 PM-1:30 PM Eastern
11:00 AM-12:30 PM Central
10:00 AM-11:30 AM Mountain
9:00 AM-10:30 AM Pacific
In recent years, copyright infringement suits brought by entities organized for and/or dedicated largely toward bringing suit have increasingly plagued online publishers, alleged downloaders of pornography, and fashion designers and retailers. Various strategies have been employed in an attempt to shut down these cases — often described as "frivolous" or "nuisance" suits brought by "copyright trolls" — before the cost of mounting a defense becomes prohibitively high.
Certain defensive strategies have proven quite successful in the publishing realm, as illustrated by, among other things, the demise of the entity Righthaven. Different strategies have been employed — with reasonable, if not always resounding success — in pornography cases; arguments on improper joinder and motions to quash subpoenas due to the imprecise nature of IP addresses have been most effective.
With few exceptions, however, fashion-industry defendants have been unable to dispose of meritless copyright infringement litigation in a rapid, cost-effective manner. This problem has been exacerbated by several recent court decisions, like the Ninth Circuit's opinion in L.A. Printex Indus., Inc. v. Aeropostale Inc., 102 U.S.P.Q.2d 1382 (9th Cir. 2012), that have made it difficult to dispose of fabric-pattern copyright infringement litigation via motion practice.
In this program our speakers will explore this troubling (and expensive) phenomenon, and will propose new techniques (and refinements to previously attempted strategies) for getting meritless cases dismissed as early in the litigation process as possible.
Sarah Burstein, Associate Professor of Law, The University of Oklahoma College of Law, Norman, OK
Charles E. Colman, Founder, Charles Colman Law, PLLC, New York, NY
Matthew P. Hintz, Associate, Servilla Whitney LLC, Iselin, NJ
Samuel Van Eichner (Moderator), Law Clerk, Federal District Court for the District of New Jersey, New York, NY
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