The Intersection of Intellectual Property Law and Real Estate

The Intersection of Intellectual Property Law and Real Estate

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The Intersection of Intellectual Property Law and Real Estate
About the Program

Where does intellectual property law impact real estate activity?

Have you considered copyrights in building photographs and in architectural plans, and when those photographs and plans can be used, copied, transferred, etc.?

Do you know about landlord liability for IP infringement by tenants?

What about copyright issues around artist’s rights under the Visual Artists Rights Act (VARA), and do those rights exist irrespective of any subsequent physical ownership of the building and of the artwork itself?

And what about trademark registration and protection for building design? Does infringement exist when a client copies and publishes floor plans?

Learn about the case law on these issues and how practitioners deal with these often-unexpected issues.

Speaker(s)
Sarah Alberstein

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ArentFox Schiff LLP

Sarah is a trademark and copyright associate at ArentFox Schiff LLP. Sarah advises fashion, arts & entertainment, tech, and retail clients on the management, clearance, and prosecution of domestic and international intellectual property portfolios. She also regularly pursues enforcement matters through demand letters, internet takedowns, UDRP proceedings, and litigation. Sarah’s practice is also transactional, as she routinely negotiates and drafts coexistence, license, and settlement agreements and undertakings. Sarah’s advertising and marketing practice involves counseling clients on consumer protection laws, including the federal Lanham Act and Federal Trade Commission regulations, and state unfair competition laws.

Sarah first joined the firm as a Trademark Summer Associate. Prior to joining ArentFox Schiff, Sarah was an Intellectual Property Intern for an arts education non-profit. Prior to law school, she spent two years as a litigation assistant at a boutique firm.

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Lindsay Korotkin

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ArentFox Schiff LLP

Lindsay is a partner at ArentFox Schiff LLP. Her practice focuses on trademark, trade dress, copyright, right of publicity, and art market litigation, prosecution, and transactions. She represents and counsels clients ranging from Fortune 10 companies to individuals and family businesses across a wide array of industries, including: fashion, beauty & retail; art, media, publishing, music & entertainment; food, alcoholic beverage & health; architecture, interior design & real estate; and technology, among others.

Lindsay represents clients in connection with trademark, copyright, and design patent infringement, trademark dilution, defamation, breach of contract, and other related claims in federal and state court, as well as issues of trademark and copyright registrability at the Trademark Trial and Appeal Board and Copyright Office Review Board. She also works closely with foreign counsel to oversee her clients’ foreign disputes and to coordinate claims and defenses when those disputes span around the world.

In the prosecution space, Lindsay helps clients obtain trademark and copyright registrations and manages worldwide IP portfolios in an array of fields, including for one of the largest companies in the world. She also provides day-to-day counseling and advice on issues including trademark, copyright, moral rights, and right of publicity protection and enforceability, in addition to performing high-volume global trademark clearances for names, logos, and designs.

In the transactional space, Lindsay has extensive experience drafting and negotiating a wide array of agreements across industries, including IP licenses, joint venture agreements, gallery representation and consignment agreements, advertising services agreements, book publishing agreements, releases, production agreements, non-disclosure agreements (NDAs), and settlement and co-existence agreements. She also advises artists, creative professionals, property owners, and real estate developers on the applicability of and compliance with the Visual Artists Rights Act (VARA), 17 U.S.C. § 106(a), including in connection with site-specific artwork.

Before joining ArentFox Schiff, Lindsay served as a Junior Law Clerk for the Honorable Jack B. Weinstein at the United States District Court for the Eastern District of New York. Prior to law, she worked in the contemporary art world, managing high-value collections and advising artists, galleries, and nonprofit organizations.

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Accreditation
Credit Hours:
1.00
Specialty Area:
None
Credit Type:
General
Original Air Date:
September 18, 2025
Accredited in:
California
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