ABA CLE: "Copyright Trolls Are Never in Fashion: Strategies for Fighting Meritless Infringement Lawsuits" (5/24, 12-1:30 pm EDT)

Posted by Charles Colman

The American Bar Association has an exciting CLE coming up -- at least, it's exciting to me (though, to be fair, I'm speaking on the panel.)  The title: "Copyright Trolls Are Never in Fashion: Copyright Infringement Suits and Strategies for Fighting Back."  



For your convenience, I've compiled the relevant information here:



Friday, May 24, 2013

12 pm (EDT) to 1:30 pm

1.5 CLE credits in approved states

Format: Live webinar/teleconference



Program description:

In recent years, copyright infringement suits brought by entities organized for and/or dedicated largely to bringing suit have increasingly plagued online publishers, alleged downloaders of pornography, and fashion designers and retailers. Various strategies have been employed in an attempt to shut down these cases -- often described as "frivolous" or "nuisance" suits brought by "copyright trolls" -- before the cost of mounting a defense becomes prohibitively high.


Certain defensive strategies have proven quite successful in the publishing realm, as illustrated by, among other things, the demise of the entity Righthaven.  Different strategies have been employed -- with reasonable, if not always resounding success -- in pornography cases. (Arguments based on improper joinder and motions to quash subpoenas due to the imprecise nature of IP addresses have been most effective.)


With few exceptions, however, fashion-industry defendants have been unable to dispose of questionable copyright infringement litigation in a rapid, cost-effective manner. This problem has been exacerbated by several recent court decisions, like the Ninth Circuit's opinion in L.A. Printex Indus., Inc. v. Aeropostale Inc. (9th Cir. 2012) [discussed in this LAW OF FASHION post], that have made it difficult to dispose of fabric-pattern copyright infringement litigation via motion practice.  In this program our speakers explore this troubling (and expensive) phenomenon, and will propose new techniques (and refinements to previously attempted strategies) for getting meritless cases dismissed as early in the litigation process as possible.




  • Sarah Burstein, Associate Professor at the University of Oklahoma College of Law


  • Charles Colman, Attorney at Charles Colman Law, PLLC; incoming Acting Assistant Professor at New York University School of Law




  • Samuel Van Eichner, Law Clerk to The Honorable Claire C. Cecchi, U.S. District Court for the District of New Jersey




  • David Postolski, Associate at Day Pitney LLP; ABA-IPL Membership and CLE Board member, Chair of Young Lawyers Action Group



Sorry, this program isn't free...  (Don't look at me: it's out of my hands!)

[Like everything on LAW OF FASHION, this post is for entertainment and informational purposes only, and does not constitute legal advice or create an attorney-client relationship among any individuals or entities. Any views expressed in this post or at the linked web pages are those of the relevant writer(s) on a particular date, and should not necessarily be attributed to Charles Colman, his law firm, or its agents or clients. Neither the writer of this post nor LAW OF FASHION (or any person or entity associated with it) can or will warrant the thoroughness or accuracy of the content here or at the cited sources.]