For all our focus on getting work done for clients, it is easy to forget how getting out of the office on occasion can make us better IP lawyers. Or at least help hone our “IP Vision,” for those readers agreeing with my prior column on that topic. While going to legal conferences can be informative — and a source of needed CLE credits, as well as networking opportunities — those events often have a drawback. Namely, the presence of fellow lawyers to the exclusion of regular businesspeople. True, we spend most of our days interacting with other lawyers, and it is important to develop professional relationships with colleagues. At the same time, sometimes going to a trade show or industry event can be even more fruitful and invigorating.
Because my wife has developed a well-regarded business around educational toys, she took the opportunity a little while ago to spend a few hours at the NY Toy Fair, at the Javits Center in Manhattan. I went along as her muscle, since we were going on the last day of the show, and she anticipated buying some samples to test out at our home “lab” — otherwise known as our basement, where our kids and their friends play with toys of all stripes, from Hess trucks to video games to arcade basketball. While she was there for business reasons, to check out the hot new offerings and speak with potential suppliers, I had a much cleaner slate, at least until I had to figure out how to lug around the various and sundry toys we purchased or were given to take home. In just a few hours of wandering around, however, I was reminded how beneficial a trip to a trade show can be for IP lawyers, for a number of reasons.
First, the entire exercise was helpful in terms of seeing how both startups and established name brands incorporate IP awareness in their product offerings. From the smaller companies touting “patent pending” new toys — many of which revolved around some mobile phone-based app controlling a physical toy somehow — to the industry giants with their brand-name licensing deals for everything from action figures to board games, the floor was alive with an amazing confluence of IP owners looking to protect their wares from would-be poachers while doing their best to attract a customer’s eye. From product packaging to branding to products touting innovative features, simply encountering everything during a stroll around the various halls was a reminder of how important IP rights are in any customer-facing industry — particularly one with as fickle a customer base as children. In short, attending a trade show is a great way for IP lawyers to hone their own IP vision, and recognize how important our work is to our clients.
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Second, even though I do not yet have many clients in the toy industry, going to industry events like trade shows can be important for IP lawyers with important clients in that particular industry. There is perhaps no more efficient way for an IP lawyer to see how their clients’ competitors are marketing their products and showcasing innovations they have come up with. Likewise, trade shows can be a great way to spot infringers, and evaluate market reaction to potentially infringing products being put out by your clients’ competitors. It is not unheard of for IP lawyers to use trade shows as a way to effectuate service on slippery foreign infringers, on top of using trade shows as a way to develop deeper and broader industry knowledge to help make their advice to clients more on point. While experienced lawyers may derive most of the benefit from attending a trade show, junior lawyers can also learn a lot by walking the floor and interacting with the trade show denizens. To be fair, most trade show attendees are there to do business, rather than talk to an IP lawyer, but that doesn’t preclude a younger lawyer learning via conversation what IP issues are actually of interest to people in that industry.
Third, in the event someone is not convinced of the ubiquity of Chinese manufacturers and wholesalers across nearly every U.S. industry, a jaunt around the Javits floor at the toy show would definitely make the point. In fact, I passed at least two separate “Chinese corners” in the various display halls, where representatives of Chinese factories and wholesalers displayed their wares. Was the packaging as slick as that of the U.S. or European brands? No. Were the toys of the same quality? No there as well. But the message was clear. The Chinese can make anything a toy seller might need, and they are open for business. Again, I am sure it is the same way in many other industries. Seeing it first-hand, however, made a more lasting impression — at least on me. We truly live in a time of interconnected global economies, and IP lawyers must maintain that awareness when advising clients. And if you are not sophisticated when it comes to IP rights and how business is done in China, you are behind the curve. It is that simple.
Ultimately, spending a few hours at the Toy Fair was useful — both in terms of getting some physical exercise and seeing how that particular industry incorporates IP of all types into its offerings. I recommend, therefore, that if there is an industry event of importance to your clients, it behooves you as an IP lawyer to strongly consider attending in some form or fashion. You may not be treated to Biglaw Firm X’s recitation of the latest Federal Circuit caselaw developments, but you will likely see how your client fits into the business ecosystem of its particular industry. How to use that information? Take it all in, and then figure it out.
As a final note, we are entering a busy season of IP-focused conferences. In my experience some of the best IP-related conferences are put on by organizations in the IP media-space, such as Managing Intellectual Property (MIP). For those interested, MIP’s U.S. Patent Forum 2018 is open for registration here. The event is free to attend for in-house counsel, and the agenda looks ambitious and interesting. If you are planning on attending the event as I am, please reach out as I would be keen on meeting readers of this column in-person.
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Please feel free to send comments or questions to me at [email protected] or via Twitter: @gkroub. Any topic suggestions or thoughts are most welcome.
Gaston Kroub lives in Brooklyn and is a founding partner of Kroub, Silbersher & Kolmykov PLLC, an intellectual property litigation boutique, and Markman Advisors LLC, a leading consultancy on patent issues for the investment community. Gaston’s practice focuses on intellectual property litigation and related counseling, with a strong focus on patent matters. You can reach him at [email protected] or follow him on Twitter: @gkroub.