Frankfurt Kurnit Klein & Selz

Last week in D.C., Co-Chair of our Trademark Group, Catherine Clayton Farrelly joined U.S. Commissioner for Trademarks David Gooder and attorney Michelle Cooke for an insightful discussion on trademark enforcement essentials for new registrants. #uspto #trademarklaw #iplaw

Preemptive Strike: Copyright Preemption x Contract Claims Speakers: Jeremy Goldman and Prof. Guy Rub October 29, 2024 at 10AM PT / 1:00 PM ET There is an inherent tension between copyright law, which seeks to balance the interests of creators, distributors, and users of information goods, and contract law’s emphasis on preserving the freedom of parties to structure their agreements. Legal systems must decide whether, and to what extent, parties can contract around the legal norms established by copyright law. For decades, courts have primarily addressed this tension through the Copyright Act’s express preemption provision, which prevents states from creating rights “equivalent” to copyright. While historically most courts have rejected the notion that contract claims are preempted, the Second Circuit recently found two contract claims to be expressly preempted. These decisions have been followed by federal courts in New York, leading to the preemption of numerous contract claims. An alternative approach has also emerged: conflict preemption. In In re Jackson, the Second Circuit applied a new conflict preemption test to hold that the Copyright Act impliedly preempted a right of publicity claim. More recently, in X v. Bright Data, the Northern District of California extended the Second Circuit’s framework to hold that a contract claim based on web scraping was preempted. This Copyright Society program will explore these exciting developments, which are expected to grow in importance, especially in cases involving data scraping and machine learning. Leading the discussion will be Professor Guy Rub, whose scholarship on the copyright-contract tension was cited in both In re Jackson and X v. Bright Data, and Jeremy Goldman, who recently secured dismissals of contract claims in two SDNY cases based on copyright preemption. Register here: https://lnkd.in/gBDuHmeg

Super Lawyers includes 42 Frankfurt Kurnit attorneys in the 2024 New York Metro edition. Approximately 5% of all lawyers are selected to #SuperLawyers, and approximately 2.5% are selected to Rising Stars. Congratulations to all of our recognized attorneys! S. Gregory Boyd, Christopher R. Chase, Marcie Cleary, Victoria Cook, Lisa Davis, Caren Decter, Catherine Clayton Farrelly, Michael Frankfurt, Melissa Georges, Hayden Goldblatt, Jeffrey Greenbaum, John B. Harris, Richard Heller, Richard Hofstetter, Candice Kersh, Richard Maltz, Jeffrey Marks, Kimberly Maynard, Gavin McElroy, Mark Merriman, Ronald Minkoff, Brian Murphy, Edward Rosenthal, Terri Seligman, Barbara Shiers, Wendy Stryker, Hannah Taylor, Linda Wank, S. Jean Ward, Michael Williams, and Maura Wogan. Ashley Alger, Nicole Bergstrom, Aaron Deitsch, Christina Jenkins, Jesse Klinger, Michael Ling, Khasim Lockhart, Jordyn Milewski, and Molly Rothschild are listed as Rising Stars. ⭐

Partner Christopher R. Chase joins Martin Edel and NBC Sports general counsel Brett Goodman at Brooklyn Law School's Sports Symposium this Friday, Oct. 25. Their panel "Surfing the Channels: Broadcasting and Media Rights" begins at 10:45 a.m. Register here: https://lnkd.in/dYcupvVE #SportsLaw #MediaLaw #BrooklynLawSchool #FrankfurtKurnit

Rick Borden joins Chip Block and Justin Antonipillai to discuss "AI Regulation in the US" at the Privacy + Security Academy Forum on Thurs., Oct. 24, at George Washington University, in DC. Register here: https://lnkd.in/e6frh4_5 #AI #Privacy #DataSecurity #RegulatingAI

Catherine Clayton Farrelly co-presents with USPTO Commissioner for Trademarks David Gooder on "Lessons Learned the Hard Way" at the USPTO's "Trademark Enforcement: Basics for New Registrants." The event is on Oct. 23 at the agency's headquarters in Alexandria, Virginia. Register here: https://lnkd.in/eYfmvyeB #trademarks #trademarkenforcement #USPTO #IPLaw

Sláinte to our partners, Catherine Clayton Farrelly and Sean F. Kane on their 2024 Irish Legal 100 recognition! This prestigious list honors distinguished legal professionals of Irish descent for their outstanding achievements in the field.

Marcie Cleary is a panelist for the session, "Finance 101: What Screenwriters Need to Know" during Industry 101's Event Series hosted by Humanitas. Marcie and fellow thought leaders will discuss the basic financial concerns of early-to-mid career screenwriters. https://lnkd.in/eT3wTQtR #screenwriters #hollywood101 #finance #entertainmentlaw

Steam Updates Checkout Disclosures in Light of New California False Advertising Law (via Passle) by Emma C. Smizer. https://lnkd.in/e_CZMkFn #videogames #advertising #digitalgoods #california #compliance #technologylaw

Tyler Maulsby will be speaking on "Managing in the Face of Crisis" at the Mondo.nyc Music & Tech Conference & Showcase Festival on Oct. 18 at 9:00 a.m. in the Grand Ballroom of the Arlo Williamsburg Hotel. (The conference runs from Oct. 15 -18.) #MondoNYC #MusicTech #ProfessionalResponsibility #LegalEthics