Intellectual Property (IP) Bootcamp for Startups

IP Bootcamp for Startups

Founders and principals of early-stage companies have to make some critical decisions and take very important steps regarding their intellectual property. They need to ensure that the company properly owns or has rights to its computer code, content, and website materials. In addition, they need to determine whether the company is allowed to use its brand for its products and services. Furthermore, they need to understand whether the company is letting value out of the door by not properly protecting its inventions and trade secrets. And further, they need to protect against past employers of a current employee contesting the company’s intellectual property. All of this comes up in due diligence with investors, and can adversely affect fund-raising, valuation, execution of the business plan and, ultimately, the exit.

This session will review a range of intellectual property law issues and guide startup companies as to what they can do now to avoid intellectual property problems down the road. It will also include ample time for networking and for Q&A.

SPEAKERS

Ted Sabety, Principal, Sabety+associates, PLLC

Mr. Sabety is a technology attorney based in New York that services an international clientele of advanced technology and electronic media companies. He has been involved with computer-security related issues in technology transactions for over 15 years. His earliest forays in 1999 included combining data encryption and security requirements into the earliest major-label music recording licenses for internet distribution. More recently he has been involved in advising cloud-based software service businesses and customers of such services addressing cyber-related risks and negotiating cyber-security requirements with the largest IT customers and vendors in the world. He also advises clients on patents related to data security and encryption. Mr. Sabety holds a JD as well as an M.S. in Computer Science from Columbia University, a B.S. in Physics from Yale.

Jessica Friedman, Of Counsel, Paul Ellis Law Group

Jessica R. Friedman has practiced copyright, trademark and literary property law in New York City for over two decades. Her clients include technology, publishing, e-commerce and entertainment companies as well as individual authors. Among the matters Ms. Friedman handles are agreements concerning copyright ownership, use and transfer, such as software development and licensing agreements, content licenses in all media, publishing agreements for authors and small publishers and collaboration agreements for co-authors; Web site development agreements and terms of use; fair use analyses; domestic and international trademark clearance, prosecution, licensing, and policing; joint venture and joint development agreements, acquisitions, and other corporate transactions; direct marketing matters, such as compliance with advertising, CAN-SPAM and fax laws; pre-publication review of manuscripts for libel and other legal issues; and matters related to the rights of privacy and publicity. In an earlier life as a litigation associate, she represented clients in copyright and trademark infringement litigation, including the plaintiffs in the precedential case of Childress v. Taylor, 945 F.2d 500 (2d Cir. 1991).

Jessica has lectured and chaired panels on intellectual property, publishing and new media issues in various venues, including the Practising Law Institute, the New York City Bar Association, where for several years she chaired the panel on Current Developments in Copyright Law, New York University School of Law, and the New York Technology Council (formerly the New York Software Industry Association). She also has written many articles on copyright, trademark and other intellectual property matters. Jessica attended Princeton University and earned a law degree from Yale Law School.

Andrew J. Ungberg, Associate, Frankfurt Kurnit

Andrew J. Ungberg is an associate in the Litigation, Entertainment, and Interactive Entertainment practice groups at Frankfurt Kurnit. His practice focuses on media, intellectual property, and commercial law.

Mr. Ungberg represents individual and corporate clients in a variety of industries including entertainment, video games, print media, television, film, and toys. He counsels on complex commercial disputes involving breach of contract, copyright, trademark, defamation, and right of publicity. Among other matters, Mr. Ungberg has defended digital news and content companies from copyright claims stemming from the use of photos in social media posts, news articles and viral videos, and defended an award-winning documentary film producer against publicity and copyright infringement claims. He was also a member of the trial team representing Hasbro, Inc. in a dispute over the motion picture rights to Dungeons & Dragons.

A life-long gamer, Mr. Ungberg has a particular focus on representing clients in the video game industry, where he has worked with companies ranging from the smallest start-ups to the largest developers and publishers in the industry. In addition to representing these clients in litigation, his work includes the implementation of virtual currency systems in the United States and abroad, and counseling clients in the drafting of end-user license agreements, terms of service and privacy policies.

Beyond his litigation practice, Mr. Ungberg focuses on assessing all forms of media and entertainment for legal risk. His work includes reviewing scripts, screenplays, television episodes, film, games, and web content and advising clients on strategies for reducing or eliminating the risk of legal claims. In addition to pre-release vetting, Mr. Ungberg advises clients seeking errors and omission insurance coverage for entertainment projects, and negotiates and drafts licenses, non-disclosure agreements and all forms of releases.

Prior to joining Frankfurt Kurnit, Mr. Ungberg worked as a litigation associate at Cleary Gottlieb Steen & Hamilton LLP, where his practice focused on commercial litigation, securities law, and government enforcement matters. Mr. Ungberg is a member of the Media Law Resource Center and the Video Game Bar Association. He is admitted to practice in New York.

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