Intellectual Property - Educational Institution Experience

Intellectual Property - Educational Institution Experience
Lewis and Roca understands the interplay between intellectual property concerns and University operations as a result of our recent representation of universities. Lewis and Roca lawyers have periodically represented ASU and the University in recent years. Jennifer Van Kirk has provided counseling to ASU in trademark and licensing matters. Scott DeWald represented NAU, ASU and the University in connection with the inception of a research institute. Dale Danneman has conducted an internal investigation concerning an ASU faculty member’s conduct concerning scientific research. Mr. Danneman and Lawrence Kasten provided representation to the University before the Committee on Academic Freedom and Tenure considering allegations of research related misconduct by a tenured professor pursuant to the ABOR Policy Manual procedures. Mr. Danneman and Mr. Kasten also defended the University in both state and federal court litigation brought by that tenured professor alleging violations of both the Arizona Administrative Procedure Act and the U.S. Constitution. Messrs. Danneman, Kasten, Brian Pollock and Thomas Gilson have represented the University in the trial and appeal of a breach of contract claim brought by a subcontractor against the University arising from the manufacture of a unique scientific instrument. Other representations of educational institutions include the following:

Defended non-profit educational institution in Digital Millennium Copyright lawsuit arising from professor’s posting of copyrighted works on an institution web page. We filed a successful motion to transfer venue, which was followed shortly thereafter by a favorable settlement.
Represented community college districts regarding fair use of copyrighted works and copyright guidelines and intellectual property ownership policies.
Advised community college districts regarding clearance and federal registration of names and slogans.
Represented community college districts in acquiring or forcing transfer of domain names that are confusingly similar to the names of its institutions.
Represented K-12 school district in allegation of copyright infringement arising from parent’s participation in and coordination of class art project.
Advised public university regarding right of publicity and copyright claims arising from controversial public art project sponsored by professor and implemented by students.

Our attorneys also volunteer their time to participate in University educational programs. Jennifer Van Kirk recently served as a speaker and panel moderator at a September 2007 Trademark Presentation and Panel Discussion sponsored by the Business/Law Exchange partnership program of the Eller College of Management and the James E. Rogers College of Law. Christy Hubbard and Jennifer Van Kirk taught a copyright course to ASU choreography students in 2003. Bruce Samuels presented issues regarding the ICANN Domain Name Dispute Resolution Policy to ASU law students in 2003 and 2004.