Intellectual property (IP) is the broad term for legal rights associated with intangible assets. Industrial inventions, artistic creations, and the consumer goodwill associated with a product or company name are classic examples of IP. To encourage innovation and spur investment in the technologies of tomorrow, the law protects IP rights through the granting a limited monopoly in the form of a copyright, trademark, or patent. It also protects ancillary rights such as trade secrets and rights of publicity. These 'bundles' of IP rights provide owners with a powerful tool to protect their past investments and future interests.

Intellectual property rights can have enormous economic value. For example, the Washington Post noted that some analysts calculate that IP assets represent 80% of the market value of many U.S. companies. While competing assessment methods might arrive at differing valuations, the collective message is clear: IP rights, from films to software to brand-name goods, form much of the foundation for most company's growth and productivity. On the flip side, being the subject of a rights enforcement action by a rights owner can costs millions in litigation and settlement costs, as well harm to your reputation.

Recognizing the significance of IP in projects of all types, intellectual property attorney Margaret Esquenet will discuss the best ways to develop, protect, and commercialize your firm's valuable IP assets. She will also show you how to assess your use of third-party materials to avoid infringement of third-party rights. Additionally, Ms. Esquenet will provide guidance regarding how to protect your rights when negotiating with the federal government.

Margaret Esquenet focuses on all aspects of copyright law. Her practice includes advising clients regarding registration, licensing, enforcement, rights-clearance, and litigation. She also counsels clients regarding DMCA compliance and website Terms of Use and Privacy Policy matters. Ms. Esquenet has worked on matters encompassing virtually all types of works of authorship, including paintings/drawings, fabric designs, sculptures, toys, product labels, books, architectural drawings, source code, websites, online works, photographs, musical works, dramatic works, choreographic works, magazines, television shows, and motion pictures. She represents clients from a variety of fields, including consumer products, automotive, media, entertainment, software, telecommunications, business consulting, and pharmaceuticals.

In addition to her copyright practice, Ms. Esquenet has a strong background in domestic and foreign trademark prosecution, client counseling, and trademark litigation. She is also experienced in right-of-publicity and trade secret matters, including licensing and enforcement issues.

A skilled litigator, Ms. Esquenet has participated in all aspects of copyright, trademark, and trade secret litigation in numerous federal district court actions and subsequent appeals. She has also been actively involved in successful settlement negotiations, including mediation and arbitration proceedings.

Ms. Esquenet often presents to organizations and associations throughout the country. Over the past year, she has given a monthly presentation on copyright law and licensing to local small business owners and artists for the Washington Area Lawyers for the Arts. She also spoke to the American Institute of Architects on copyright and trade secret law for large architectural firms. Ms. Esquenet was recently featured on National Public Radio's All Things Considered regarding copyright and right of publicity issues related to President Obama.

Highlights:

• Successfully defended one of the country's largest media companies against an accusation of copyright infringement.
• Litigated one of the first copyright infringement cases dealing with open source software.
• Acted as second chair in a Ninth Circuit appeal upholding the district court's grant of summary judgment in favor of a large automobile manufacturer in a trademark dispute
• In a case of first impression, acted as second chair in a First Circuit appeal overturning a dismissal of an action for lack of jurisdiction.
  

Professional Activities:

• Editorial Board, Journal of Intellectual Property Law and Practice
• Contributor, Copyright Chapter, Global Business Law (publication pending)
• Copyright Society of the United States of America
• American Intellectual Property Law Association
• International Trademark Association
  

Select Publications:

• "U.S. Appeals court Hands 'Priceless' Decision to Credit Card Companies,"Journal of Intellectual Property Law & Practice, Jan. 2008.
• Coauthor. "Linking Rights to Sites," Copyright World, Dec. 2007.
• "Link to Live Webcast May Constitute Copyright Infringement," Journal of Intellectual Property Law & Practice, Apr. 2007.
• "District Court Goes to Bat for Fantasy Baseball League," Journal of Intellectual Property Law & Practice, Feb. 2007.
• "US Second Circuit Details Requirements for Transformative Fair Use," Journal of Intellectual Property Law & Practice, Aug. 2006.
• Coauthor. "Trade Secret Identification: The Importance of Timing In Discovery," Feb. 2005.
• Coauthor. "Putting an End to the Trade Secret Plaintiff's Game of Bait and Switch," IP Litigator, May 2001.
• "Online Versions of School Publications and Students' Personal Web Sites Pose Thorny Issue for Courts," The First Amendment and the Media—2000, Richard T. Kaplar, ed., 2000.
• "First Court Test of 'Veggie Libel' Laws Pits Texas Cattlemen Against Oprah Winfrey," The First Amendment and the Media—1998, Richard T. Kaplar, ed., 1998.
• "Focus on Newsgathering," Quill Magazine, Dec. 1998.
  

AGENDA

5:30 PM - PM Tools
6:00 PM - Cash Bar & Networking
7:00 PM - Dinner
8:00 PM - Guest Speaker
9:00 PM - Adjourn

LOCATION

Corporate table for 10: $450
Chapter Members: $40
Non-members: $50
Walkins: $60