Sessions Information

  • April 27, 2025
    5:00 PM - 6:00 PM
    Session Type: Concurrent Sessions
    Session Capacity: N/A
    Location: N/A
    Room: Waterview D
    Floor: Lobby Level

    In the field of intellectual property, abusive trademark and patent disputes are often devastating to small businesses. Opportunistic trademark trolls can prevent entrepreneurs from selling their goods, slowdown website launches, and hold an entire merchandise line hostage. Invention submission entities that promote themselves as patent-getters often drain entrepreneurs of valuable resources by delivering only worthless marketing material and overcharging for drafting simple provisional patent applications. Copyright owners, such as musicians, have also been the target of scammers, leading to song theft by phantom artists that leaves the true rightsholders unable to claim royalties from streaming. Over the past few years, government agencies have opened the doors and provided more tools to combat scammers and trolls. As of April 1, 2023, the Patent Trial and Appeal Board (PTAB) expanded its Pro Bono Program so that independent inventors can obtain pro bono assistance to fight back against patent trolls. The Trademark Trial and Appeal Board (TTAB) has a similar program as the PTAB, and the relatively new Copyright Claims Board (CCB) has also been well received by claimants. We will describe the issues faced by small businesses and the corresponding government agencies as summarized above. We will make the case that an expanded use of these new venues to defend small businesses against trolls and scammers rests on the shoulders of new generations of clinicians willing to take on IP disputes and negotiations. Specifically, clinics are less likely to have significant conflicts issues with larger corporations and are able to take the time to educate entrepreneurs about how to navigate through the IP disputes maze. A national network of clinics capable of representing small businesses pro bono in front of the respective agencies and licensing authorities will help defend the lifeblood of the US economy from squandering resources fighting against nefarious actors.

Session Speakers
Harvard Law School
Concurrent Session Speaker

Columbia Law School
Concurrent Session Speaker

Benjamin N. Cardozo School of Law
Concurrent Session Speaker

Session Fees

Fees information is not available at this time.