It is often said that the application of First Amendment principles conflict with the enforcement of intellectual property rights. Indeed, in the context of trademark, copyright, and right of publicity cases, courts across the country have held that a “gateway” First Amendment analysis must be performed before even reaching the infringement analysis. But the notion that there is a fundamental discord between First Amendment and intellectual property rights is overly simplistic. During this program, we will discuss the ways in which First Amendment principles have been applied in trademark, copyright, and right of publicity cases, including discussion and analysis of the most recent Circuit and Supreme Court law on the issue.
Our esteemed panelists include, Professor Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law on the First Amendment at UCLA School of Law; Nina Boyajian, Shareholder in Litigation and Intellectual Property at Greenberg Traurig; Vijay Toke, Partner in Intellectual Property at Rimon Law; and moderator Tracy Rane, Of Counsel in Litigation and Media and Entertainment at Ballard Spahr. Lunch will be provided.
**Los Angeles Intellectual Property Law Association (provider # 2083) will seek approval from the State Bar of California for MCLE credit in the amount of 1.0 hour.
LAIPLA Member: (Early Bird) $30 ($40 after February 1)
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Nina Boyajian, shareholder in Litigation and Intellectual Property at Greenberg Traurig
Nina D. Boyajian is a partner in the litigation and intellectual property practice groups of Greenberg Traurig’s Los Angeles office. Her areas of concentration include trademark, copyright (including DMCA), privacy (e.g., right of publicity and TCPA class action defense), and First Amendment counseling and litigation. Nina has been involved in all stages of litigation from pre-litigation diligence and enforcement through preliminary injunction proceedings, discovery, summary judgment, trial, and appeal, achieving favorable results and settlements for her clients. Nina has represented clients across a variety of industries, both in enforcing their intellectual property rights and defending against claims of infringement. As a corollary to her trademark litigation practice, Nina also provides strategic trademark portfolio management counseling.
In addition to her intellectual property and privacy litigation practice, Nina also has broad experience litigating general business disputes, particularly in the entertainment space. Her litigation and trial experience extends to both state and federal courts nationwide.
Nina earned her J.D. from the University of Southern California, and her B.A. in Political Science from the University of California, Los Angeles, with College Honors.
Tracy Rane, Of Counsel in Litigation and Media and Entertainment at Ballard Spahr
Tracy Rane is a litigator with two decades of experience providing counsel at all stages of a trial, particularly to clients in the music and film industries. Tracy’s practice focuses on matters involving copyright infringement, trademark infringement, defamation, right of publicity, right of privacy, breach of contract, and general civil litigation.
Over the course of her career, Tracy has conducted or participated in a number of trials, arbitrations, and appeals before the California Courts of Appeal and the Ninth Circuit Court of Appeals.
Tracy is a member of the Los Angeles Copyright Society and is on the Copyright Committee for the Los Angeles Intellectual Property Law Association (LAIPLA). She is on the Women Who Lead Advisory Board for the Association of Media and Entertainment Counsel. Tracy has also worked as an adjunct professor of legal writing at the University of Southern California School of Law.
Vijay Toke, Partner in Intellectual Property at Rimon Law
Vijay Toke is an intellectual property attorney focusing on trademark, copyright, and licensing disputes in federal courts nationwide, including before the Trademark Trial and Appeal Board (TTAB). His diverse client base includes technology companies, fashion and luxury brands, wineries, telecommunications companies, design houses, consumer goods manufacturers, food product brands, retailers, and restaurants and hospitality companies.
Since 2012, Vijay has co-authored multiple amicus briefs on behalf of the International Trademark Association (INTA) before the U.S. Supreme Court, Third Circuit, and Ninth Circuit. A frequent presenter, writer, and commenter on intellectual property law, Vijay has authored articles, or been quoted, in various publications, including Bloomberg, the Financial Times, and the World Intellectual Property Review. He has also served as faculty for PLI since 2010, teaching trademark and copyright litigation. Vijay has also been recognized by Best Lawyers (Intellectual Property, Trademark Law 2022), the World Trademark Review 1000 (California) for Enforcement & Litigation (2015 to present) and by Super Lawyers in Intellectual Property Litigation (2015 to present).
Professor Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law on the First Amendment at UCLA School of Law
Eugene Volokh teaches free speech law, tort law, religious freedom law, church-state relations law, and a First Amendment amicus brief clinic at UCLA School of Law, where he has also often taught copyright law, criminal law, and a seminar on firearms regulation policy. Before coming to UCLA, he clerked for Justice Sandra Day O’Connor on the U.S. Supreme Court and for Judge Alex Kozinski on the U.S. Court of Appeals for the Ninth Circuit.
Volokh is the author of the textbooks The First Amendment and Related Statutes (5th ed. 2013), The Religion Clauses and Related Statutes (2005), and Academic Legal Writing (4th ed. 2010), as well as over 75 law review articles and over 80 op-eds, listed below. He is a member of The American Law Institute, a member of the American Heritage Dictionary Usage Panel, and the founder and coauthor of The Volokh Conspiracy, a Weblog that gets about 35-40,000 pageviews per weekday. He is among the five most cited then-under-45 faculty members listed in the Top 25 Law Faculties in Scholarly Impact, 2005-2009 study, and among the forty most cited faculty members on that list without regard to age.
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