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.”

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.” 

Dunlap Codding associate Elizabeth Lauderback was quoted in the Oklahoma Gazette in an article by Ben Felder, “IgniteOKC offers 13 presenters 6 minutes each to share rapid-fire, TED-like talks,” May 20, 2015.  Elizabeth is the chair of Ignite OKC 8. 

Elizabeth was quoted as saying, “There is a lot of breathing room here for a lot of average people who have a passion and want to do something creative….We are a growing city, but we are not saturated…so you can be the movement here as opposed to just being part of it….IgniteOKC is all about igniting a community, and OKC is in a state of ignition and growth right now, so it is very timely.”

OKLAHOMA CITY, OKLAHOMA—May 19, 2015—Dunlap Codding is pleased to be ranked in Band 1 (the top band) for intellectual property by Chambers USA: America’s Leading Lawyers for Business. The publication is widely regarded as the most reliable and intensively researched of all lawyer rating directories. Chambers USA began ranking Oklahoma Intellectual Property firms in 2010. Dunlap Codding has been a top-ranked firm since the inaugural coverage of the state’s intellectual property practitioners, and is again ranked in Band 1 for 2015.

Chambers quotes sources as saying, “A fantastic team – and the first set of lawyers we’ve used with a cooperative, problem-solving attitude,” and, “Their real strong point is thinking outside the box to get the goal accomplished…..”

Chambers described the firm as a “Heavy-hitting boutique servicing the full range of copyright, patent and trademark concerns for clients at every level, from local startup to foreign multinational. Noted for its litigation capability and its strong focus on life sciences, healthcare, electrical engineering and computer technology. Significant clients [include] Ashland, DePuy Synthes, DuPont/EKC Technology, Quibids, and Siemens Healthcare Diagnostics.” 

Chambers said, “Managing director Nicholas Rouse attracts client praise for his knowledge of mechanical engineering issues. He acts most frequently on patent and trademark prosecution and portfolio management.” 

Chambers also said, “Marc Brockhaus heads the electrical engineering and systems group and recently advised consumer electronics retailer Petra Industries on its involvement in a patent infringement action. Sources testify to his winning combination of technical and technological know-how and keen commercial awareness.” 

Finally, Chambers wrote, “Douglas Sorocco leads the practice and is appreciated by clients, not only for his “very valuable skill set” and determination “to work out a way of making sure problems get solved,” but also because “he’s really concerned about how we feel about things.” He is notably active in life sciences and technology, and recently counseled titanium dioxide product manufacturer Cristal USA on the creation of a Swiss holding company, associated licensing agreements and ongoing patent portfolio matters.” 

Dunlap Codding, with offices in Austin, Chicago, Oklahoma City, and Washington, D.C., serves sophisticated international, national, and regional clients.  Established in 1957 as Oklahoma’s original intellectual property firm, Dunlap Codding remains the region’s largest and most versatile IP boutique providing counsel in the areas of patent, trademark, copyright, and entertainment law as well as related litigation and licensing services. 

Emily Campbell was quoted extensively in an April 28, 2015, Bloomberg BNA article published by The Bureau of National Affairs, Inc., written by Anandashankar Mazumdar.  The article summary stated, “The Copyright Office is reviewing how certain visual works, particularly photographs, graphic artworks, and illustrations, are monetized, enforced, and registered under the Copyright Act.”

The Federal Register, on April 24, had published the Office’s call for public comments on obstacles facing creators of visual works in monetizing their creations.  Emily was quoted as saying that the process seemed “like medicine, where we are trying to take preventative steps to maintaining our health.  It seems like the Copyright Office is trying to take preventative measures to protect rights with regard to digital images.”  Typically, those holding copyright interest in visual works have had only reactive measures to turn to, such as relying on “copyright enforcement groups out there enforcing rights of third parties.”  Emily commented that the initiative was a good start in prompting thinking about how to protect rights from the beginning.

The article noted that, according to the notice, “Even when creators of visual works successfully license use of their works, the resulting uses can result in their credit information and other embedded copyright management data being stripped away.”

Emily explained that copyright holders, their lawyers and potential users or licensees of visual works do not currently have access to a comprehensive, centralized database of visual works. 

“Currently there’s a database that’s in place, but copyright law has always had a challenge of chasing technology,” Campbell said. “So we face these issues of trying to conduct a search on the Library of Congress site and we face a limitation in that we can’t view the works.”

Emily suggested that something akin to the Creative Commons database would be helpful in overcoming some of the obstacles faced.

Fish Are Friends, Not Food. What About Sharks, Can They Be A Trademark?

While Katy Perry’s ongoing attempt to conquer and rule all things “shark” has run into a couple of snafus the last couple of weeks, one thing is for certain: This battle is not the Waterloo being heralded by many Internet commandos.

The Internet’s angst has arisen by Ms. Perry’s attempts to obtain trademark protection covering the antics of one of her backup dancers during the 2015 Super Bowl halftime show who appeared a bit out of step with the famous singer.

To read the full post, with video and visuals, click Fish Are Friends, Not Food.  Or, here is a downloadable pdf.

Douglas J. Sorocco is a director and shareholder at Dunlap Codding. He practices in the areas of intellectual property, technology, licensing, life sciences and patent law and is involved in counseling and transactional work involving all aspects of intellectual property. He is registered to practice before the United States Patent and Trademark Office.

Dunlap Codding Associates Ann Robl and Lewis Craft co-authored an article published in the Spring 2015 issue of Paradigm, the magazine of the International Society of Primerus Law Firms.  The article, “The New World of Patent Post-Grant Proceedings:  Positioning Your Company to Win,” addresses the rising popularity and pitfalls of patent post-grant proceedings. 

Ann focuses her practice in the areas of patent post-grant proceedings, patent drafting, patent prosecution, patentability analyses, infringement analyses, prior art searching, and technology licensing.  Lewis concentrates his practice in the areas of drafting and prosecuting patent applications, patentability analyses, prior art searching, invalidity opinions, freedom-to-operate opinions, post-grant proceedings, and technology licensing.

OKLAHOMA CITY, OKLAHOMA – March 5, 2015 – Dunlap Codding is pleased to announce that Douglas J. Sorocco, who was born with spina bifida, was one of 15 minority rainmakers recently selected by MCCA (Minority Corporate Counsel Association) for inclusion in its annual, nationwide list and featured in Diversity & The Bar.  

MCCA was founded in 1997 to advocate for the expanded hiring, retention, and promotion of minority attorneys in corporate law departments and the law firms that serve them. Dunlap Codding is unusual among intellectual property law firms, typically composed largely of male attorneys with engineering degrees, in that over fifty percent of its fee-earning professionals are females. The firm is committed to advancing diversity and inclusion in the legal profession as evidenced by its membership in and support of the MCCA’s Firm Affiliate Network (FAN). Dunlap Codding is the only Oklahoma law firm member of FAN. 

Dunlap Codding P.C., with offices in Austin, Chicago, Oklahoma City, and Washington, D.C., serves sophisticated international, national, and regional clients.  Established in 1957 as Oklahoma’s original intellectual property firm, Dunlap Codding remains the region’s largest and most versatile IP boutique providing counsel in the areas of patent, trademark, copyright, and entertainment law as well as related litigation and licensing services. 

CHICAGO, ILLINOIS – January 21, 2015 – Dunlap Codding is pleased to announce that Jordan Sigale has been selected by attorney peers for inclusion in Illinois Super Lawyers 2015 for Intellectual Property Litigation and for Intellectual Property.  Sigale has been listed as a Super Lawyer since 2014 for Intellectual Property, Intellectual Property Litigation, and for Media Law. 

Jordan Sigale practices in intellectual property, computer and patent law with a focus on patent and trade secret litigation and alternative dispute resolution. His work also extends to client counseling on issues of corporate and strategic planning involving copyrights, patents, trademarks, and trade secrets. He is extensively involved in patent prosecution for a variety of clients with specific focus on the interface between computers and end-users in an array of situations and transactions. 

Jordan has served as lead litigation and trial counsel in district courts throughout the U.S. involving a variety of intellectual property issues including computer intrusion, copyright infringement, false advertising, design and utility patent infringement, trade secret misappropriation and trademark infringement. He has also served as lead litigation and trial counsel on a variety of antitrust claims, usually focused on the antitrust – intellectual property interface. Jordan has been extensively involved in coordinating foreign intellectual property litigation strategy in Australia, China, Europe, and Hong Kong. 

Dunlap Codding P.C., with offices in Austin, Chicago, Oklahoma City, Wilmington, and Washington, D.C., serves sophisticated international, national, and regional clients.  Established in 1957 as Oklahoma’s original intellectual property firm, Dunlap Codding remains the state’s largest and most versatile IP boutique.  For the past 50 years, the firm has obtained more patents, trademarks, and copyrights than any other firm in the region.

CHICAGO, ILLINOIS – January 21, 2015 – Dunlap Codding is pleased to announce that Julie L. Langdon has been named to the IllinoisRising Stars 2015 list for Intellectual Property Litigation as one of the top up-and-coming attorneys in Illinois. Each year, no more than 2.5 percent of the lawyers in a state receive this honor.  Langdon has been listed as a Rising Star since 2012. 

Langdon’s practice encompasses a number of areas of intellectual property law, including litigation, licensing, counseling, and asset prosecution. Her primary practice is patent litigation with a concentration in the areas of biotechnology and life sciences, chemical, and pharmaceutical arts, including Hatch-Waxman issues. She represents plaintiffs and defendants in patent-related litigations involving infringement and other disputes arising over patent rights.  She also has experience with trademark portfolio protection and maintenance before the USPTO and international bodies. Prior to joining Dunlap Codding in 2015, Langdon was an associate attorney at Loeb & Loeb LLP and at Ladas & Parry LLP.  

Dunlap Codding P.C., with offices in Austin, Chicago, Oklahoma City, Wilmington, and Washington, D.C., serves sophisticated international, national, and regional clients.  Established in 1957 as Oklahoma’s original intellectual property firm, Dunlap Codding remains the state’s largest and most versatile IP boutique.  For the past 50 years, the firm has obtained more patents, trademarks, and copyrights than any other firm in the region.