Implied License and De Minimis Use Defenses in IP Litigation: Raising and Contesting the Defenses
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will guide IP counsel on using the implied license and de minimis use defenses in copyright and trademark litigation. The panel will examine recent litigation and discuss the analysis for both defenses and when the defenses are likely to succeed. The panel will offer best practices for using and arguing against the defenses in litigation.
- Implied licenses defense
- De minimis use defense
- Recent court treatment
- Best practices
- Raising the defense
- Arguing against the defense
The panel will review these and other key issues:
- How have the courts treated the implied license defense in recent cases?
- Where is the line of delineation between de minimis use and infringement?
- What best practices can IP counsel employ when arguing against a de minimis use defense?
Loeb & Loeb
Mr. Dickstein maintains a broad-based litigation practice with a concentration on intellectual property matters in the... | Read More
Mr. Dickstein maintains a broad-based litigation practice with a concentration on intellectual property matters in the music, motion picture and advanced media industries. He has represented music publishers and record labels in copyright infringement and royalty disputes, defended major media companies in trademark infringement actions, and advised motion picture studios and film producers on copyright issues.Close
Dorsey & Whitney
Mr. Meyer advises intellectual property owners on strategies for protecting and enforcing their rights, including... | Read More
Mr. Meyer advises intellectual property owners on strategies for protecting and enforcing their rights, including through licensing and litigation. He also consults with IP owners regarding portfolio management and confidentiality measures to help them develop and safeguard their innovations. In addition, Mr. Meyer provides legal opinions and freedom-to-operate analysis to help clients preemptively manage their risk as they create new products and services, and he defends companies who have been accused of IP infringement. He has worked on all areas of IP litigation including copyright, patent, trademark, and trade secret. His areas of technical familiarity include video games and other software; animation; clothing; mechanical and electronic devices; biotech, pharmaceutical, and other chemical compounds and methods; banking technology; networking technology; and telecom technology.Close
Scott J. Sholder
Cowan DeBaets Abrahams & Sheppard
Mr. Sholder’s practice focuses on litigation, counseling, and dispute resolution in entertainment, media and... | Read More
Mr. Sholder’s practice focuses on litigation, counseling, and dispute resolution in entertainment, media and intellectual property law. He represents and advises clients across various industries in copyright, trademark, false advertising, unfair competition, right-of-publicity, domain name, and commercial disputes. Past notable matters have included representing a major television network in a contract and copyright dispute and representing hair care product manufacturers in a false advertising dispute.Close