Monthly Archives: January 2014
Copyright Protection Denied Due to the Inseparability of an Item’s Artistic Features and its Usefulness
By Contributor Attorney Ashley T. Ellerbe, JD, cum laude, Phi Delta Phi Legal Honor Society, Florida Coastal School of Law, former legal intern for CSX Corporation.
For some copyright holders, the ruling of the United States Ninth Circuit Court of Appeals in Inhale, Inc. v. Starbuzz Tobacco, Inc. may be a disappointing one. Although Inhale, Inc. had a registered copyright for the shape of a hookah water container, that registration would not grant them the protection that they anticipated.
Inhale sued Starbuzz claiming copyright infringement due to Starbuzz’s use of hookah water containers that were identical in shape to Inhale’s container. The district court held that although Inhale has a registered copyright, its copyright registration is invalid because the hookah water container is not copyrightable. The shape of the container is only copyrightable if the sculptural features are capable of existing independently of the utilitarian aspects of the container. Moreover, the distinctive shape of an item is not a factor in determining whether the artistic features can be separate from its usefulness. The district court concluded and the court of appeals affirmed that the shape of the container accomplishes its function which is to hold the contents within its shape, thus making the hookah water container uncopyrightable. Furthermore, to keep a tight seal on Pandora’s Box of potentially similar frivolous claims against innocent defendants, the court of appeals affirmed the lower court’s award of attorneys’ fees and the court of appeals awarded attorneys’ fees that incurred in the defense of the appeal.
Compliance is a hot area for those interested in nontraditional legal careers. In fact, many employers are actively recruiting attorneys and JD’s for compliance roles. On Thursday, January 30, 2014 at 12:00-1:15 p.m. in Room 550 we will have a panel of esteemed compliance attorneys discussing this hot topic and the growth of compliance positions in the legal industry. The panelists include:
Kristine Cherek, Esq.
Visiting Assistant Professor
Florida Coastal School of Law
Monique Brown, Esq.
Corporate Compliance, Privacy & Risk Counsel
Fidelity National Information Services
John J. Price, Esq.
Global Litigation & Compliance Counsel
Anna Shea, Esq.
Corporate Compliance & Privacy Counsel
Fidelity National Information Services
If you are interested in learning more about compliance and networking with professionals in the field, RSVP on Symplicity or send an email to email@example.com to reserve your spot. Lunch and drinks will be provided to those who RSVP!
Public Interest Summer Job Search Webinars
This free two-part webinar series, co-sponsored by NALP and Equal Justice Works, provides both law students and CSO professionals with insight on the key elements of the summer public interest job application process. Attorneys with years of application review experience highlight what you should and shouldn’t do; explain how and why public interest application materials may substantively differ from law firm materials; and explore the dynamics of personal interactions in interviews and networking situations.
The Summer Public Interest Job Search Part I – Best Practices in Drafting Cover Letters and Resumes
Thursday, January 23 at 2:00 ET
The Summer Public Interest Job Search Part II – Best Practices in Interviewing and In-person Networking
Friday, January 24 at 2:00 ET
We welcome 2Ls and 3Ls to DROP IN to the Career Services Office, Room 180, on the following days in January between 9:00 a.m. and 5:00 p.m. for help completing your Summer 2014 Externship Applications and have a snack while we work! We can assist you with OCI applications too!
Tuesday, January 21st
Friday, January 24th
Tuesday, January 28th
Thursday, January 30th
NO APPOINTMENTS NECESSARY for these days only! (For all other days, appointments are required and can be scheduled via Symplicity or by stopping into our office or emailing/calling us.)
Students: If you’re interested in participating in an externship or clinic this summer, be sure to attend the below informational meeting to learn about the application process and what an externship and/or clinic entails!
Thursday, January 23rd
RSVP on Symplicity under the Events tab to reserve your spot!
Students: The applications for Summer 2014 Externships with Judges & Courts as well as the U.S. Attorney’s Offices and Florida Coastal Clinics are now OPEN under the “Jobs” tab in Symplicity! Each listing includes the qualifications and required application material. (Please note that the application qualifications and pre-requisites are set by the supervising attorney or clinical supervisor). You need to have a resume uploaded on Symplicity in order to view the postings. Schedule your appointment with a Career Counselor today to review your application materials and discuss the opportunities in a one-on-one setting. You can schedule your appointment directly on the Symplicity homepage by clicking “Request An Appointment” on the right-hand side of the page.
Remember, you can only view job postings and OCI opportunities that are open to your class year, so make sure to update your Symplicity profile to reflect your correct class year.
February 6 – 9, 2014
Ritz Carlton Amelia Island
Amelia Island, Florida
MOCK INTERVIEWS for law students will be conducted in conjunction with the Amelia Island executive council meeting.
The interviews are expected to last 30 minutes total, with the mock interview lasting approximately 20 minutes and a 5-10 minute critique / feedback period. In addition to all the great benefits of attending the executive council meeting, I cannot stress the opportunity this provides.
Interested students should email the following information to Brenda Ezell, Esq. at Brenda@ezellfirmpa.com:
1. Name for each student participating in the mock interview
2. Contact information (presumably email address) for each student
3. A copy of the resume for each student
The Peggy Browning Fund Fellowship Program
2014-2015 School-Year Fellowship
1 funded part-time position in Chicago
Information is available at http://www.peggybrowningfund.org/
Application deadline: January 17, 2014
Pycraft Legal Services, LLC
Eligible: 2Ls, 3Ls
Position: Spring Law Clerk
Area of Practice: Consumer Defense/Bankruptcy
Location: St. Augustine, FL
Application Material: Resume, Cover Letter (addressed to David Naples, Esq.), Experiential Learning Agreement Form
Application Deadline: 11:59 p.m. on Thursday, January 23, 2014
How to Apply: Submit your application via Symplicity under the OCI tab. Do NOT contact this employer directly to apply. For inquiries, contact Abby Lee at firstname.lastname@example.org.