(November 1, 2018) Today, Frank Busch, a member of the executive committee of the Bar Association of San Francisco’s Intellectual Property section, moderated a panel discussing hot topics in trademark law.
Along with moderating the panel, Frank presented on the topic of “First Amendment Protections? Honey Badger Don’t Care,” which discussed the new risks facing secondary users of trademarks in light of the Ninth Circuit’s order reversing summary judgment in Gordon v. Drape Creative, Inc., 897 F.3d 1184 (2018). Gordon, based upon a dispute regarding the early viral YouTube video involving a Honey Badger, is the first Ninth Circuit case to determine that pre-trial judgment is improper where the secondary use was made in connection with an artistic expression protected by the First Amendment.
In addition, Frank assembled an expert panel as he was joined by:
- Don Thompson, Thompson & Co
- Erica Portnoy, Sideman & Bancroft
- Adam Brink, Clorox
- Jennifer Seraphine, Turner Boyd
- Julia Kripke, Gap
- Patrick Zhang, Atlassian
- Emily Burns, Google
- Carla B. Oakley, Morgan, Lewis & Bockius
- John Crittenden, Cooley LLP
To learn about the current state of Trademark law, support BASF, and earn an hour of MCLE credit, you can watch the webcast replay here.