On May 23, 2013, from 12:15pm – 1:45pm, LSGA partner Thomas R. Leavens will guest lecture with attorney Scott Hodes on “Appropriation Art and Fair Use” in connection with the recent decision in Cariou v. Prince.  The talk will take place during the CBA Media and Entertainment Committee meeting at 321 S. Plymouth Court, Chicago, Illinois.

Leavens Strand, Glover & Adler is pleased to announce that Partner David M. Adler has been appointed to serve on the Illinois State Bar Association's Intellectual Property Law Section Council for the 2013-2014 session. The mission of ISBA Intellectual Property Section is to enhance the professional capabilities of Illinois lawyers who focus on patent, trademark, copyright, trade secrets, unfair competition and antitrust law; to disseminate information about these areas of law to other lawyers and business owners, authors and inventors; to promote improvements in these areas of law through legislative efforts; and to facilitate communication among Illinois lawyers concerned with these areas of law. The Section Council manages the affairs of the Section, creates and contributes to programs and projects (including CLE training for other lawyers) and Section newsletters.

For the last 16 years, Mr. Adler has devoted his practice to providing a broad range of intellectual property services to authors, entrepreneurs, inventors and creative professionals in the arts, entertainment, media and technology industries. Service on the Council is an honor and a natural extension of the firm's commitment to providing exceptional service to clients facing an evolving and often confusing set of challenges to create, protect and commercialize their ideas and innovations.

David M. Adler recently spoke at Affiliate Management Days 2013 - San Francisco on the topic of “Managing Risk: Legal Issues for Merchants & Affiliate Managers.” As many in the industry know, affiliate marketing is one of the most cost-effective techniques for monetizing web site traffic and driving sales. Unfortunately, it has a reputation for high risk. While the industry is unlikely to ever be risk-free, this presentation addressed several ways to manage risk such as (1) understanding how techniques like behavioral and contextual targeting affect consumers, affiliates and merchants, (2) understanding the legal and regulatory environment, (3) understating risks involved with prospective marketing partners, (4) using and maintaining proper contracts that allocate risk and provide appropriate indemnifications, and (5) keeping informed about the changes in technology, marketing practices and the regulatory environment. The presentation covered methods to identify these issues and develop policies and procedures to keep informed about the current technology, marketing strategies and regulatory compliance.

Topics covered included:

    • Behavioral/Contextual Advertising
    • Regulatory/Industry Compliance : FTC Guides & Enforcement Actions
    • CAN-SPAM compliance
    • IP Law: Rules governing use of third-party Trademarks/Keywords by affiliates & marketing partners, Right of Publicity, and Endorsement Issues.
    • Identifying, protecting against, and disputing accusations of Click-Fraud

If your business has questions about changes in technology or trends regulation of online marketing, feel free to contact us for a free consultation.

The past informs the present.  Perhaps that’s why Partner Peter Strand is a nationally-recognized music lawyer—his past included a stint as bass guitarist for the rock band Yipes in the late 1970’s and 1980’s.  Recently, the Wisconsin Area Music Industry inducted Yipes into its Hall of Fame.  Peter and his band mates, Pat McCurdy, Mike Hoffman, Andy Bartel and Teddy Freese, performed in clubs in Milwaukee and Madison, Wisconsin.  They signed a record deal with Millennium/RCA and released two albums.  Yipes also opened for such acts as Foreigner and Jefferson Starship.  We congratulate Peter and his band mates on becoming members of the Hall of Fame!