CLICK TO EXPAND

News About DC

IN THIS DAY AND AGE, NEWS TRAVELS FASTER THAN EVER BEFORE.

And when it’s about Dunlap Codding, our team and our accomplishments, it all lands right here.
Julie L. Langdon Selected As An Emerging Lawyer in Illinois
Posted Aug 13, 2015 at 10:38 am See More

Julie L. Langdon, a senior associate in Dunlap Codding’s Chicago office, has been selected as an Emerging Lawyer in Illinois by Leading Lawyers, a division of Law Bulletin Publishing Company, which recognizes the top two percent of lawyers who are under the age of 40 or who have been practicing law for fewer than ten years.  Julie’s practice encompasses a number of areas of intellectual property law, including litigation, licensing, counseling, and asset protection of copyrights, trademarks, patents, and trade secrets. Her primary practice is patent litigation with a concentration in the areas of biotechnology and life sciences, chemical, and pharmaceutical arts. Julie represents plaintiffs and defendants in patent-related litigations involving infringement and other disputes arising over patent rights.

Emily Campbell Quoted in Bloomberg BNA’s Patent, Trademark & Copyright Journal on Trademarks and Likelihood of Confusion
Posted Aug 11, 2015 at 13:54 pm See More

On August 7, Bloomberg BNA covered DC Comics v. Gotham City Networking, Inc., T.T.A.B., No. 91194716, 7/17/15.  The case involves a trademark application filed by Gotham City Networking Inc. for “Gotham Batmen” with a stylized bat-like logo to be used in networking referral services and “entertainment in the nature of amateur softball games.”  According to Bloomberg, “DC Comics, which owns the rights to Batman and numerous trademarks related to the superhero, opposed the registration on dilution and likelihood of confusion grounds.”  The Trademark Trial and Appeal Board ruled on July 17, that the use of the name “Gotham Batmen” was likely to cause confusion with a number of different marks owned by DC Comics.

Administrative Judge Jyll Taylor provided a dissenting opinion, noting that DC Comics had failed to establish that “Batman” was a famous mark, having not proven the connection between DC and Warner Bros. Studies.  According to BloombergBNA, “[t]he majority had found “Batman” to be famous, largely because of the films.

Gotham City argued that its trademark constituted a parody.  Dunlap Codding Shareholder Emily Campbell was quoted as saying that “for a parody defense to succeed in trademark law, the parodist has to walk a “fine line” between resembling the parodied mark and making a point…. [A] poster of a pregnant woman wearing a Girl Scout uniform with the Scouts’ slogan “Be Prepared” written underneath qualified as an example of an outrageous joke that worked as a trademark parody.”  She explained that the “Batman” –  “bat men” softball joke was not nearly as obvious and therefore did not bode well for Gotham City’s chances that its mark was a parody and would not cause confusion.

Campbell also said that Judge Taylor’s concerns were valid, and the majority’s famous mark analysis could be an issue on appeal.  “The dissent is interesting because there does seem to be a hole in the evidence.  The majority filled in the blanks to come to the conclusion that we all recognize the Batman name, but I think to adhere to the law [the board needed to make a fuller analysis.]”

Dunlap Codding Receives a Beacon Award for Charitable Influence
Posted Aug 11, 2015 at 8:44 am See More

Dunlap Codding was honored by The Journal Record, receiving a Beacon Award for Charitable Influence on July 17. The award recognizes organizations for demonstrating a company culture that encourages and supports volunteerism, charitable giving, and community involvement by its members.

Nearly all of Dunlap Codding’s team members dedicated their time and resources to charitable and community causes since 2013, when the firm began offering the use of DC on Film Row—an events and community space—to local creative, civic, and charitable organizations. In 2014 alone, the firm volunteered more than 1,000 hours and contributed $150,000 to hosting, supporting, and funding nearly 150 such events. 

Nicholas Rouse, the firm’s managing partner, said the firm started its civic and charitable work with the concept that “community doesn’t need a place, but it doesn’t hurt to have one.”  The Journal Record noted, “Dunlap Codding is redefining what it means to be actively engaged in the Oklahoma City community.”

One Year Anniversary of Alice
Posted Jun 30, 2015 at 11:36 am See More

Directors Marc Brockhaus and Jordan Sigale were guest bloggers on IP Frontline, a web magazine about intellectual property.  Our post, “What would Alice and its progreny look like as word jumbles?” ran on June 29, 2015. 

Managing Intellectual Property Ranks Dunlap Codding In Tier 1; Names Ip Stars
Posted Jun 25, 2015 at 12:10 pm See More

Dunlap Codding is pleased to announce that Managing Intellectual Property magazine ranked the firm in its top tier—Highly Recommended—and named five firm attorneys to its IP Stars 2015 list:  Marc A. Brockhaus, Nicholas D. Rouse, Jordan A. Sigale (Illinois), Douglas J. Sorocco, and Joseph P. Titterington.  More Dunlap Codding lawyers were named to the list of IP Stars than from any other firm in Oklahoma. 

Marc Brockhaus leads the firm’s Electrical Engineering & Systems group.  He received his J.D., M.B.A., and B.S. in Electrical Engineering from the University of Oklahoma.  Nick Rouse is the firm’s Managing Director and the head of its Mechanical Engineering group.  He received his J.D. and his B.S. in Petroleum Engineering from the University of Oklahoma.  Doug Sorocco heads the firm’s Life Sciences practice and received his J.D. from the University of Dayton and his B.S. in Chemistry from Butler University. Jordan Sigale is a Co-Chair of the firm’s Litigation practice and offices in Chicago.  He received his J.D., magna cum laude, and B.S. in Electrical and Computer Engineering from the University of Illinois.  Joe Titterington is also a Co-Chair of the firm’s Litigation practice.  He received his J.D. from the University of Oklahoma and his B.S. in Psychology from Oklahoma State University. 

Managing Intellectual Property’s IP Handbook ranks leading intellectual property agencies and law firms worldwide, highlighting the country’s prominent intellectual property attorneys.  Results are based on a research process comprising more than 1,000 interviews of and surveys from peers and in-house counsel active in the United States. 

Dunlap Codding Director Jordan A. Sigale Quoted in Articles Analyzing the U.S. Supreme Court’s Ruling in Kimble v. Marvel
Posted Jun 25, 2015 at 12:06 pm See More

Jordan A. Sigale was quoted in Donna Young’s recent article in Scrip Intelligence, “Patent ‘superpowers’ time limits upheld:  Biopharma implications.”  Young wrote that Kimble v. Marvel  “may help patent holders and those that enter into licensing rights deals, including biopharmaceutical makers, better understand and be more aware of a nearly half-century old case law rule.”  

The U.S. Supreme Court, in a split decision, declined to overturn the 1964 standard set in Brulotte v. Thys, which ruled that patent holders cannot demand royalties for the use of their inventions after the patent terms have expired. 

Sigale said, “Big biopharmaceutical firms are well-represented in patent law and intellectual property matters, so they already know their way around the Brulotte rule….If anything, the Supreme Court’s ruling in the Marvel case makes it clearer the Brulotte rule is narrow and that there are ways to draft around it….But for those who are unsophisticated about Brulotte, the opinion is unfortunate….It would be much better to knock out this rule.  It doesn’t make economic sense…and any standard that gives the advantage to those who can afford the best legal representation is bad for society.”

 Ryan Davis, writing for Law360, on June 22, 2015, also quoted Sigale.  Davis wrote, “The Kimble case arose because neither party knew about the [Brulotte] rule when Marvel agreed to license Kimble’s patent for use in a Spider-Man Web Blaster toy in perpetuity.”  Sigale was quoted as saying, “The decision explains that the Brulotte rule really is as narrow as we thought it was….If you make it clear there are no royalties for the patent after it expires, you can do anything you want.”  

“Sigale said it was helpful that the court expressly gave its blessing to later payments of royalties accrued during the life of the patent,” said Davis.  Sigale said, “Before today, people were a little nervous that the court would say that’s just putting form over substance.”

Dunlap Codding Senior Associate Julie L. Langdon Quoted in Law360—“6 Ways Associates Are Falling Short”
Posted Jun 2, 2015 at 13:36 pm See More

Julie Langdon was quoted by Cara Salvatore in an article published by Law360 on June 1, 2015, entitled “6 Ways Associates Are Falling Short.”  The article noted the following ways associates are stumbling and offered steps to improve:

  • They Aren’t Visible Enough
  • They Don’t Take Ownership
  • They’re Not Thorough
  • They’re Not Friend Material
  • They Don’t Know How to Talk on the Phone
  • They Don’t Sow the Seeds for Business Development

Discussing ownership, Langdon noted that it was important to follow up relentlessly and to know what to do when mistakes occur.   When they do, as they inevitably will,  it’s important to own the problem quickly and take steps to correct it.  “Unfortunately, it happens:  A document that was supposed to be filed under seal that was, by mistake, filed publicly, and you’re calling the clerk at 8 a.m. the next morning…’take this off the docket.’”  She went on to note, “All things are fixable.”

Jordan Sigale Quoted in Bloomberg BNA Article on Patents
Posted Jun 2, 2015 at 13:23 pm See More

“A belief that a patent is invalid isn’t a defense to a charge of induced infringement, the Supreme Court ruled 6-2 on May 26 (Commil USA, LLC v. Cisco Systems, Inc., 2015 BL 164427, U.S., No. 13-896, 5/25/15).”  Bloomberg writes that the Supreme Court reversed the Federal Circuit Court, holding that Cisco Systems Inc. couldn’t overturn a jury award based on its argument that Commil USA LLC’s Wi-Fi related patent claims were invalid.  A third trial is now likely in this case, according to Bloomberg, “The case returns to the Federal Circuit with only one part of its decision reversed.” 

Some commenters noted that the court’s comments on trolls were surprising, and opined that the decision likely increased the power of patent trolls.  Still others thought the ruling would bring an increase in patent litigation. 

Discussing the impact on litigation, Dunlap Codding Director Jordan A. Sigale, disappointed in the court’s decision, said, “There are some patents that are so overbroad and/or so ambiguous that it may be difficult to provide a reasonable opinion of non-infringement, whereas a reasonable (maybe even and clear and convincing) opinion of invalidity would be simple to write….Yet, this opinion would now be insufficient to avoid inducement liability under Commil.”

Jordan Sigale, Dunlap Codding Director, Quoted Extensively in Bloomberg BNA
Posted May 23, 2015 at 9:08 am See More

Bloomberg BNA’s Patrent, Trademark & Copyright Journal quoted Jordan Sigale in a May 22, 2015, article on copyrights and copyrightability, “En Banc ‘Innocence of Muslims’ Ruling Says Actor Didn’t Hold Copyright in Film.”

In Garcia v. Google, Inc., 9th Cir., No. 12-57302, 5/18/15, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, ruled 10-1 that the actor (allegedly tricked into appearing in an anti-Muslim firm) didn’t hold a copyright interest in her performance separate from the work as a whole.  The court reversed a ruling by a prior judicial panel, saying that the YouTube posting ,which had led to death threats, was protected by the First Amendment.  “The 2014 ruling by Judge Alex Kozinski had been widely criticized both by free speech advocates and by the motion picture industry,” noted Bloomberg, further observing that many copyright scholars and practitioners had predicted that Kozinski’s ruling would not survive.  But Bloomberg said some practitioners were surprised by the scope of the en banc ruling.

Sigale noted that the recent court’s ruling was a surprise in terms of scope, and was quoted as saying, “The Ninth Circuit did not need to reach the merits of the copyright claim.”  Sigale referred to a concurring opinion in the matter and noted that the court could have ruled based on the requirements for granting an injunction.  “Kozinski’s prior ruling was immediately dissolved by the en banc panel’s ruling.  However, Judge Kozinski and the unfortunate issues created by the majority opinion on copyright authorship are not going away…..Copyright law in the Ninth Circuit has been weakened by this decision.  I hope with the passage of time, litigants will see this opinion as being limited to its specific facts and move past it.”

With regard, however, to Kozinski’s point that a musician is not required to record his own music in order to hold rights in it, Sigale agreed and said, “Moreover, copyright law recognizes the separate performance rights in the various members of a band (e.g. vocalists, guitarists, drummer) as well as the producer of the sound recording….Similar concerns can and should be raised by choreographers and the like, whose contributions to larger works had long been recognized.  This opinion calls all of that into question.”

Douglas J. Sorocco Quoted in MainStreet Regarding a $100 Million Lawsuit
Posted May 21, 2015 at 10:29 am See More

Dunlap Codding Shareholder Doug Sorocco was quoted in a May 18, 2015, article by Juliette Fairley in MainStreet, “Dispute Over Posting of Hemp Test Results Leads to $100 Million Lawsuit By MJNA.”  The article explains that “MJNA, a publicly traded company, is seeking damages for comments about significant levels of toxic solvents that reportedly harmed its reputation and stock price.”  Sorocco is quoted as noting that, “A significant portion of hemp oil available in the market is obtained from industrial manufacturing and there is a concern in the industry that the industrial processes may introduce an unacceptable level of heavy metals into hemp oil.” 

CLICK TO CLOSE

DC On Film Row

About DC on Film Row

DC on Film Row is a free event space open to everyone in our community.

We like to say that the space is a “home for creatives and innovators, home builders and the homeless, celebrators and the celebrated” so people understand that we are inclusive and want everyone from throughout our community using our space.

Our goal is to celebrate the incredible diversity of creativity, innovation, and passion within Oklahoma City and to provide a venue—free of charge—to those groups and individuals working to bind us all together and make our home a cooler and better place. No strings attached—no extensive rules to follow. We simply ask that all of our neighbors be honored and that all viewpoints be respected. Our criteria for use is simple: If the event, group, or meeting is something which strengthens our community and brings us all together, the space is available for use.

The space has hosted everything from charitable fundraisers to an underground nightclub party to celebrate Canterbury Choral Society’s 45th anniversary season. We host dinners for the OKC homeless population most Monday evenings where upwards of 250 people are served—we provide the space and soft drinks and a local church provides the food. We’ve hosted university planning retreats and monthly local rock concerts.

Every Wednesday, we open up the courtyard for lunch, invite a local food truck to set up outside our gates, and welcome our downtown neighbors into the space for a bit of socialization.

Our never-ending soda fountain seems to be the biggest hit with some of our neighbors while others spend time playing pool or simply chatting about what is happening on the weekend.

For October we turn the space into a haunted house and invite the neighborhood children to come out and trick-or-treat.

Got an idea for how to use the space? Just ask us – we’re almost certain to say yes!

Twitter Instagram Facebook

DC On Film Row

The Space for Ideas.™

Protecting all things creative

Who you are.

Who we are.

What we do.

What’s new.