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License Executive Society USA & Canada

LES-SVC & APABA 8-29-23 Free Event: Is Unauthorized Copying an Infringement or Fair Use?

  • 29 Aug 2023
  • 4:00 PM - 7:30 PM
  • Messner Reeves LLP, San Jose

A joint program of the Asian Pacific American Bar Association of Silicon Valley and the LES Silicon Valley Chapter.



- Blockbuster Supreme Court Decisions Affecting Business, Licensing and Litigation in Art, Social Media, Publishing, Merchandising, Software and AI -

Tuesday, August 29, 2023
4:00 p.m. - 4:30 p.m. - Registration & networking
4:30 p.m. - 6:00 p.m. - Program
6:00 p.m. - 7:30 p.m. - No-host Happy Hour at nearby location

Location: Messner Reeves LLP
160 W. Santa Clara, San Jose
(3rd floor conference room)

Parking:  Park in the San Pedro Square Market parking garage nearby, and walk over to Messner Reeves.  Do not park in the Messner Reeves building garage, as it may close early.


PROGRAM:In the past few months, the U.S. Supreme Court has released blockbuster decisions about the (unauthorized) use of photographs (Prince / Andy Warhol) and product designs (Jack Daniels), by unlicensed entities.  These follow an earlier major decision (Google / Oracle), relating to computer software, from 2 years ago.  In every case, the issue was about the availability and scope of the “fair use defense” against copyright or trademark infringement.  The latest (content) cases had similar outcomes, but radically diverge from the earlier (tech) case.

An expert panel will discuss:

  • What happened in these cases?
  • How are they similar and/or different?
  • Are they reconcilable with each other?
  • What impacts will there be in licensing and/or litigating IP disputes? 
  • How will these developments change the businesses of art, social media, publishing, merchandising (on the one hand) and software and AI (on the other hand), either per se, and/or in a converging world?


Lindsey Pho, Esq., Messner Reeves LLP  LinkedIn
Lindsey is part of Messner Reeves’ Intellectual Property and Corporate practice groups. She is based in the Silicon Valley Office. She counsels her clients on the development, management, and protection of their most valuable assets: their brands. Lindsey has significant experience practicing before the USPTO in the filing and prosecution of trademark applications, and in handling proceedings before the Trademark Trial and Appeal Board. She has handled litigation cases related to patent and trademark infringement and trade secret misappropriation. Lindsey serves on the Board of Directors for APABA Silicon Valley, the National Conference of Vietnamese American Attorneys, and the Vietnamese Professional Women of Silicon Valley, and is a 200-hour certified yoga instructor.  

Rosaleen Chou, Esq., Knobbe Martens Olson & Bear LLP  LinkedIn
Rosaleen is a partner in the SF office of Knobbe Martens, where she advises on brand protection and strategy for famous brands across a broad array of industries, Fortune 50 and smaller, fast-growth companies.  She has managed extensive global trademark portfolios across 200+ countries, and spearheads global policing and enforcement programs to protect against infringement and dilution, including multi-country opposition & infringement actions, domain name disputes & UDRP proceedings, TTAB opposition & cancellation proceedings, copyright strategy, customs enforcement, and online marketplace & social media brand protection.  While at Meta as a full-time secondee, Rosaleen managed & developed trademark and copyright portfolios for Facebook, Instagram, Oculus & WhatsApp, and developed brand guidelines & managed brand licensing of these properties. Rosaleen also serves on INTA’s Anti-Counterfeiting Committee.

Joseph (Joe) Yang, Esq., PatentEsque Law Group, LLP  LinkedIn
Joe is an IP transactions partner at PatentEsque.  He has 25+ years of experience handling IP-driven transactions for and with the world’s largest companies in the U.S., Japan and Germany, in the automotive, computer/electronics, consumer goods, energy, healthcare, manufacturing, robotics and other industries, especially cross-industry deals.  He is also an expert witness for high stakes licensing disputes.  Joe teaches at Stanford Law School, and chairs licensing courses at the Practising Law Institute.  He is recognized by Intellectual Asset Management Publications (Global Leaders; World’s Leading IP Strategists; and World’s Leading Patent Professionals), SuperLawyers, Marquis Who’s Who and other publications.  He has written for books and treatises, and been cited by court decisions.  Joe has a PhD in engineering (Caltech) and a JD (Stanford).

CLE: 1.5 hours CLE credit available (California).
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