Law School Clinic Certification Program Visit to the United States Patent and Trademark Office

USPTO 4-15-2015 Law Clinic DSC00997 (group photo) Photographs by Michael A Cleveland DMS 2-6201 (2)

On April 15, Clinic student attorneys Charles Frank, Cori Stedman, Caile Morris, Alexandra El-Bayeh, Mark Patrick, and Jessica Rickman attended the Law School Clinic Certification Program Visit to the United States Patent and Trademark Office (USPTO). Representatives of several participating clinics from around the country were in attendance as well.

The day was quite eventful, as participants heard from Rep. Hakeem Jeffries (D-NY), who cosponsored a piece of legislation in 2014 that eliminated the program’s pilot status, making it more accessible to all ABA-accredited law schools. We then heard from Thomas Krause, Deputy Solicitor for Intellectual Property Law at the USPTO, who gave the Clinic a shout out for its work filing amicus briefs in Supreme Court cases, in response to a question from a professor at another law school who asked whether clinics have a role in the amicus process.

Attendees then broke out into round table discussions with PTAB judges, trademark examining attorneys, patent examiners, and others. Following lunch, we were fortunate to have a rare glimpse into a live TTAB opposition hearing, Caterpillar Inc. v. Rodney C. Kelly.

The afternoon wrapped up with presentations from a TTAB judge, the Deputy Commissioner for Patent Examination Policy, the Administrator for Trademark Policy and Procedure, and a PTAB judge. All in all, the student attorneys truly enjoyed themselves and were proud to represent the IP Clinic!

-Charles Frank 3L

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USPTO 4-15-2015 Law Clinic DSC00972  Photographs by Michael A Cleveland DMS 2-6201

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Washington ArtWorks Opening of Hang the Lawyers

On April 10th, 2015 Washington ArtWorks opened Hang the Lawyers, an exhibition of artwork created by attorneys and law students of the Washington, D.C. area. In partnership with Washington Area Lawyers for the Arts, the walls of Washington ArtWorks’ two galleries are  now filled with art of a variety of media. Hang the Lawyers is a unique exhibition no to be missed!  Former IP Clinic Practitioner Nabila Isa-Odidi Aguele was on hand to see her paintings on display.  Joining her was Ali Sternberg ’12.

Nabila and Ali

Nabila and Ali

 “Over 40 attorneys and law students are participating in the exhibition,” said Missy Loewe, CEO & President of Washington ArtWorks. “We had no idea there were so many creative lawyers in DC!”

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Spring Pop Up Legal Clinic with WALA and GW scheduled for March 18th!

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The Glushko-Samuelson Intellectual Property Law Clinic, in collaboration with the Washington Area Lawyers for the Arts (WALA) and GW’s Small Business Clinic will hold another in its series of “Pop Up” Legal Clinics for creative artists and entrepreneurs seeking legal assistance.

The Pop Up Clinics provide legal consultations to individuals and businesses involved in the regions’ creative economy. Student attorneys from the WCL IP Clinic will provide assistance in copyright, patent, trademark and related fields.  Student attorneys from the GW Small Business Clinic will provide start-up corporate assistance in the area of small business development. All student attorneys will be supervised by WCL and GW law school clinical faculty.

The Clinic will be held from 5-7 PM at the offices of the GW Law School’s Small Business & Community Economic Development Clinic at 2000 G Street NW, Washington, DC.  Clients are asked to register on the WALA site at the link below–

http://waladc.org

 

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Clinic Students Help Community Radio Navigate World of Music Licensing

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The world of music licensing is opaque, confusing, and quite frankly, a mess. It involves the cooperation of countless parties, from music publishers and record labels, to performance rights organizations, service providers, and artists, to the Department of Justice and the Library of Congress. Senior attorneys still scratch their heads as they try to make sense of this fragmented, piecemeal regime.

Clinic student attorneys Charles Frank and Breanne Hoke were tasked with synthesizing some of this information for a client representing one facet of the music industry, radio. The radio industry, which started as a strictly commercial broadcast industry, has now morphed into something that encompasses numerous noncommercial entities, many of which operate as low-power FM stations (LPFMs) and use the Internet medium as a means of simulcasting their terrestrial broadcasts. Others exclusively use the Internet to reach their audiences, as an eleven-year-old term, the “podcast,” has now made its way back into contemporary vernacular.  The client, Prometheus Radio Project, is a non-profit organization that represents the interests of community radio stations across the nation. The students work was published on Prometheus’ website and the work has been shared and “liked” on social media by a wide range groups in the radio and music industry.

http://www.prometheusradio.org/musiclicensing

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5 Things to Know About Clinic Recruiting for Next Year–

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1) General clinic information meeting– Tues. 2/10 at 4:30 in Room 101.  The meeting will describe the clinical program generally.

2 ) For those interested in the IP Clinic–specialized information sessions will be held:

Wed 2/11, at 10am in Room 600

Mon 2/16, at 4:30pm in Room 524

AND JUST ADDED THURS. 2/19 AT NOON IN ROOM 600

3) The application schedule is accelerated this year – the deadline for applications is now 2/19, and decisions will be made by 2/27.

4) The IP clinic is going to try to take a handful of rising 2Ls this year–so interested 1Ls should definitely apply!

5) See ipclinic.org for much more information!

 

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Clinic Alum Zu Williams appointed to Bench in Maryland

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Before leaving office, Maryland Governor O’Malley appointed 2003 IP Clinic alum Zuberi Williams to the District Court for Montgomery County.  Zu  has been serving as a Maryland Administrative Law Judge, presiding over administrative cases at over 30 state agencies. Previously, he worked as a trial attorney in Washington, D.C.’s Office of the Attorney General and as an associate at Venable, LLP. Zu also served as a law clerk to Judge Gerald Bruce Lee of the U.S. District Court for the Eastern District of Virginia and Maryland Chief Judge Robert M. Bell.  Zu cut his legal teeth in some testy depositions in an IP litigation in the clinic—congrats Zu!

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HR 5108 Codifies USPTO Law School Clinic Pilot Program

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H.R. 5108, the legislation to permanently establish the USPTO Law School Clinic Pilot Program, was passed by the Senate yesterday. The IP Clinic and clinic students were instrumental in early efforts to establish a student practice rule at the agency.

The bill will now go to the President for his signature. The bill, introduced in the House by Rep. Hakeem Jeffries of New York and Rep. Steve Chabot of Ohio, formally establishes the USPTO Law School Clinic Certification Program to allow students enrolled in a participating law school clinics to practice patent and trademark law at the agency under the guidance of a Law School Faculty Clinic Supervisor on a pro-bono basis for clients. It requires the USPTO Director to establish regulations and procedures for application to and participation in this program and makes all law schools accredited by the ABA eligible to participate if they meet program requirements.

The text of H.R.5108 and more information is on Thomas: https://congress.gov/bill/113th-congress/house-bill/5108

Press Release upon introduction of the House Bill: http://jeffries.house.gov/media-center/press-releases/reps-hakeem-jeffries-and-steve-chabot-introduce-bipartisan-legislation

House Rep. 113–588 on the bill: https://www.congress.gov/113/crpt/hrpt588/CRPT-113hrpt588.pdf

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You Gotta Fight For the Right to Break Digital Locks: IP Clinic Teams Up with Cinema Studies Professor, Higher Education Organizations in DMCA Rulemaking

Guest post by student attorneys Sarah O’Connor and Mark Patrick

The Digital Millennium Copyright Act makes it illegal to break digital locks on copyrighted material, even when what you intend to do with the work is otherwise legal, such as using short clips from a motion picture in a class presentation. However, there is an out. Every three years the Copyright Office holds a proceeding to consider and grant limited exemptions for uses where users can show the law is creating a substantial burden on free expression or other valuable activities.

In each triennial proceeding, new petitions must be submitted on behalf of each party seeking exemptions. Petitions must make the case for what has been exempted in the past, in addition to what should be exempted in the present and future, keeping in mind new technological and pedagogical trends. Failure to submit these petitions every three years would result in a total loss of the exemption.

The Glushko-Samuelson Intellectual Property Law Clinic has had the exciting opportunity to work on several DMCA exemption petitions through the years and is again participating in this process. The previous petitions submitted by the IP Clinic involved a collaborative effort with educators and students. Securing these exemptions has assured that professors and students can continue to break digital locks and use short portions of audiovisual works. This year we have been working with Peter Decherney, Professor of Cinema Studies and English at the University of Pennsylvania, and organizations including the College Art Association, the International Communication Association, and the Society for Cinema and Media Studies to submit a petition asking for exemptions on behalf of college and university students and professors.

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The petition asks for an exemption for audiovisual works embodied in physical media (DVDs and Blu Ray) or obtained online. Audiovisual works is a relatively broad category that includes not only motion pictures but also television programs, slide shows, video games, and other works. This exemption would enable students and professors to use short portions or still images from these works to prepare a lecture or dissertation, facilitate a classroom discussion, complete an assignment, or otherwise participate in activity that enhances the educational experiences.

Once the petitions are submitted and reviewed, the Copyright Office will ask proponents of exemptions to make their case through compelling stories and other examples of the adverse effects imposed by this law. Have digital locks imposed a burden on you? Or, have you taken advantage of existing exemptions to legally copy from DVDs and other protected formats for teaching and learning? We are gathering evidence of the harmful impact that digital locks can have, and of the benefits of lawful access to media for use in teaching and learning, and we want to hear from you! If you have a story to share, please fill out our Google form! You can also get in touch with our student attorneys by email at so6921a@student.american.edu

Our petition and others can be seen at: http://copyright.gov/1201/2014/petitions/
The Electronic Frontier Foundation is also maintaining a list of petitions, as well as background info, blog posts and press releases which can be found here: https://www.eff.org/cases/2015-dmca-rulemaking.

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Suzan Shown Harjo to receive Presidential Medal of Freedom on Monday

President Obama has named Suzan Shown Harjo (Cheyenne & Hodulgee Muscogee) a recipient of the Presidential Medal of Freedom. The Medal of Freedom, established by President Kennedy in 1963, is the nation’s highest civilian honor.  It is awarded to “individuals who have made especially meritorious contributions to the security or national interests of the United States, to world peace, or to cultural or other significant public or private endeavors.”  While there were many luminaries among the 19 awardees, Suzan Harjo, a great friend and colleague of the IP Clinic, is a model of what a recipient of this award can and should be.

Her work for justice for Native peoples has gone largely unheralded for decades—but her perseverance has been extraordinary. Unassisted by high profile board members, public relations experts, lobbying firms and black tie fundraisers, she has worked tirelessly for justice for Native peoples in efforts to reclaim their culture and their dignity.  Most of these efforts have simply asked for the return of what once belonged to the very cultures she represents.  Whether she is fighting for appropriated or misappropriated places, graves, remains , tribal property, names or imagery –the ask has been simple and consistent —dignity and respect for Native cultures and peoples.

Her name is most often associated with the successful trademark cancellation proceeding against the Washington football franchise, a request she initiated in 1992, but still tied up in federal court nearly 25 years later. Despite the recent notoriety of that particular issue, she had worked steadfastly for many years trying to convince the larger world of professional and scholastic sports to renounce the use of team names, mascots and imagery promoting negative stereotypes of Native Americans.   But her meritorious good works and quest for Native justice go well beyond those efforts.  Over her long career she has worked to preserve and protect Native sacred places, human remains, tribal sovereignty and cultural property.  Suzan was the driving force behind most of the important laws protecting Native American cultures and arts including the 1996 Executive Order on Indian Sacred Sites, the 1990 Native American Graves Protection and Repatriation Act, the 1989 National Museum of the American Indian Act, and the 1978 American Indian Religious Freedom Act.   Harjo serves as the president of the Morning Star Institute, an advocacy group she founded in 1984 for Native culture and education. She served as executive director of the National Congress of American Indians from 1984-1989 and continues to serve as co-chair of their subcommittee on Human, Religious, and Cultural Concerns.  She was also a founder of the National Museum of the American Indian and guest curator of the museum’s current exhibit  Nation to Nation: Treaties Between the United States and American Indian Nations.   She is also a prolific writer, poet, accomplished scholar and mother.  And, as we at the IP Clinic know, she is a truly wonderful friend and mentor.

The medal will be presented to Suzan by the President at a White House ceremony on Monday, November 24th.

Congratulations and AHO Suzan!

Suzan at the 2013 IP Clinic reunion

Suzan at the 2013 IP Clinic Reunion

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IP Clinic Announces “Pop Up Legal Clinic” for Creative Entrepreneurs to be held on Oct. 29th

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The Glushko-Samuelson Intellectual Property Law Clinic of WCL, in collaboration with the Washington Area Lawyers for the Arts (WALA) and George Washington University College of Law’s Small Business Clinic will hold another in its series of “Pop Up” Legal Clinics for creative entrepreneurs seeking legal assistance.

The Pop Up Clinics provide legal consultations to individuals and businesses involved in the regions’ creative economy. Student attorneys from the WCL IP Clinic will provide assistance in copyright, patent, trademark and related fields. GW student attorneys from the Small Business Clinic will provide start-up corporate assistance in the area of small business development.  All student attorneys will be supervised by WCL and GW law school clinical faculty.

Clients are asked to register at the link below–

http://waladc.org/2014/08/a-new-wala-live-creative-economy-legal-clinic-to-be-announced-for-fall/

The Pop Up Clinic will be held 5-7 PM on Wednesday, October 29th at the GW law school clinic offices at 2000 G Street NW in DC.

Another clinic will be held in the Spring.

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