IP Day in Montana

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IP Day in Montana 2020

We have made the difficult decision to postpone this year’s 4th Annual IP Day in Montana until the fall. Due to the extraordinary circumstances surrounding COVID-19, including the CDC’s recommendation to cancel all events with more than 50 people, Governor Bullock’s declaration of a state of emergency in Montana, and the temporary closing of the Law School building and transition of all university and law school classes to remote online learning for the rest of the semester, we are unable to proceed with IP Day this academic year.

For the fourth year, the Blewett School of Law will partner with the IPL Section of the Montana Bar to present IP Day in Montana at the University of Montana Alexander Blewett III School of Law in Missoula, Montana. This year's program focuses on intellectual property (IP) and cultural appropriation.

This event is free to the general public. There is a fee of $50 for legal professionals seeking CLE credits.

Lodging

We encourage you to make a room reservation as soon as possible. Be sure to mention the University of Montana during booking to receive a discounted rate.

DoubleTree

DoubleTree by Hilton Hotel Missoula - Edgewater
100 Madison Street
Missoula, Montana 59802
(406) 728-3100

Reservations can be made by calling
(406) 542-4611 or via email at
courtney.blowers@hilton.com.

Book now

Residence Inn by Marriott Missoula Downtown

Residence Inn by Marriott Missoula Downtown
125 North Pattee Street
Missoula, Montana 59802
(406) 542-6252 

Book now

Parking

A parking permit or guest pass is required to park on the UM campus throughout the year, Monday - Friday, 7:00 a.m. - 5:00 p.m. Daily parking passes for visitors to the University, available for $3.50, are sold at University Police, University Center Bookstore and Info Desk, the Treasury Office in the Lommasson Center, and the cashier’s window at Missoula College. More information, including a map of parking lots around campus and transportation alternatives, can be found at UM's Visitor Parking Page. View a map of the parking lot and law school entrances here. Parking Lot P is the closest lot to the law school.

Speakers

Angela R. RileyAngela R. Riley (Citizen Potawatomi Nation) is Professor of Law at UCLA School of Law and Director of UCLA's Native Nations Law and Policy Center. She directs the J.D./M.A. joint degree program in Law and American Indian Studies and is the UCLA campus representative on issues related to repatriation under the Native American Graves Protection and Repatriation Act (NAGPRA). Professor Riley's research focuses on indigenous peoples’ rights, with a particular emphasis on cultural property and Native governance. Her work has been published in the Yale Law Journal, Stanford Law Review, Columbia Law Review, California Law Review, Georgetown Law Journal and numerous others. She received her undergraduate degree at the University of Oklahoma and her law degree from Harvard Law School.

Professor Riley began her career clerking for Chief Judge T. Kern of the Northern District of Oklahoma. She then worked as a litigator at Quinn Emanuel in Los Angeles, specializing in intellectual property litigation. In 2003 she was selected to serve on her tribe’s Supreme Court, becoming the first woman and youngest Justice of the Supreme Court of the Citizen Potawatomi Nation of Oklahoma. In 2010 and again in 2016 she was elected by her tribe's General Council to serve as Chief Justice. She is the Co-Chair for the United Nations - Indigenous Peoples’ Partnership Policy Board, which is a commitment to the implementation of the UN Declaration on the Rights of Indigenous Peoples. She is also an Evidentiary Hearing Officer for the Morongo Band of Mission Indians.

Professor Riley is a member of the American Law Institute and a co-editor of the Cohen's Handbook on Federal Indian Law. She served as the Oneida Indian Nation Visiting Professor of Law at Harvard Law School in Fall 2015.

Molly KocialskiAs the Director of the Rocky Mountain Regional United States Patent and Trademark Office (USPTO), since January 2016, Mollybeth (Molly) Kocialski carries out the strategic direction of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO and is responsible for leading the Rocky Mountain regional office. Focusing on the nine states within this region and actively engaging with the community, Ms. Kocialski ensures the USPTO’s initiatives and programs are tailored to the region’s unique ecosystem of industries and stakeholders.

Ms. Kocialski brings more than 20 years of intellectual property experience to the USPTO. Most recently, Ms. Kocialski was the Senior Patent Counsel for Oracle America, Inc., where she was responsible for managing an active patent prosecution docket and was also responsible for all of the post-grant procedures and patent investigations for Oracle and its subsidiaries. Prior to Oracle, she worked at Qwest Corporation and was also in private practice in both New York and Colorado focusing on intellectual property litigation for multiple high-tech companies while maintaining an active prosecution docket. 

Ms. Kocialski is a recognized IP leader in the Rocky Mountain region. She currently serves on the Colorado Federal Executive Board’s Executive Committee. Ms. Kocialski is the Vice President of the Colorado IP Inn of Court and was previously the Chair of the Planning Committee and a member of the Board of Directors of the Colorado IP Inn of Court. Furthermore, Ms. Kocialski is a member of the Planning Committee for the Rocky Mountain Intellectual Property Institute, an annual two-day conference on intellectual property that attracts over 500 attendees. She was the Chair of the Intellectual Property Section of the Colorado Bar Association and served on the Colorado Bar Association’s Board of Governors. Ms. Kocialski served as the head of the IP Committee and was a member of the Board of Directors for the Colorado Chapter of the Association of Corporate Counsel and served on the National IP Committee of the Association of the Corporate Counsel. In 2015, Ms. Kocialski was recognized by ManagingIP magazine as one of its North America Corporate IP Stars. 

Ms. Kocialski is a graduate of the State University of New York at Buffalo School of Law and received a Bachelor of Science in Chemical Engineering from the University of New Mexico. Ms. Kocialski is a registered patent attorney and is admitted to the U.S. Patent and Trademark Office, the New York and Colorado state bars as well as to the United States Courts in those jurisdictions. 

Rebecca TsosieRebecca Tsosie is a Regents Professor at the James E. Rogers College of Law at the University of Arizona and also serves as Special Advisor to the Provost for Diversity and Inclusion. Prof. Tsosie, who is of Yaqui descent, is a faculty member for the Indigenous Peoples’ Law and Policy Program at the University of Arizona, and she is widely known for her work in the fields of Federal Indian law and indigenous peoples’ human rights.

Prior to joining the UA faculty, Prof. Tsosie was a Regents' Professor and Vice Provost for Inclusion and Community Engagement at Arizona State University. Professor Tsosie was the first faculty Executive Director for ASU’s Indian Legal Program and served in that position for 15 years.

Prof. Tsosie has published widely on sovereignty, self-determination, cultural pluralism, environmental policy and cultural rights. She teaches in the areas of Federal Indian Law, Property, Constitutional Law, Critical Race Theory and Cultural Resources Law.

Prof. Tsosie is a member of the Arizona Bar Association and the California Bar Association. Prof. Tsosie serves as a Supreme Court Justice for the Fort McDowell Yavapai Nation and as an Associate Judge on the San Carlos Tribal Court of Appeals. She received her B.A. and J.D. degrees from the University of California, Los Angeles.

Ben PeaseAshdúuptàako Ishtaxíialúuchish (Steals The Guns From Two Enemy Camps) Ben Pease, born 1989, was raised on the Crow Indian Reservation of Montana. The artist studied at Minot State University and Montana State University.

Pease's work is shown in scores of magazines, books, online publications and social media networks. His work is being collected and exhibited in countries across the world. Over the past four years, the artist has helped co-found The Creative Indigenous Collective, Native Youth Art In Action and Indigenous Peoples' Day Montana and Native Men, Strong.

Patricia ThorntonPatricia Thornton is a mixed media artist, using printmaking, mosaics, experimental processes and a cast of anthropomorphic characters to inspire, explore and play. Patricia’s art practice helps her cope with her challenges while raising awareness, building connections between people and challenging perceptions. 

Patricia has been active in the Missoula art scene for over fifteen years. Currently she works as the Gallery and Printshop Director for the Zootown Arts Community Center.

Jack GladstoneJack Gladstone is an enrolled member of the Blackfeet Indian Reservation in northwestern Montana. He is a member of the Fisheater Clan of the Blood Band and currently lives between the Flathead Valley, the Flathead Reservation and St. Mary’s Valley. Born in Seattle, Washington, to a Montana Blackfeet father and a German American mother, Jack was a scholar and athlete in high school and grew up among the rich oral tradition of the American West. His great great grandfather, Red Crow, or Me Kay Stow, was a legendary chief of the Blood Division. He was considered a great warrior and orator. William Gladstone, another grandfather of Jack’s, was a carpenter who helped build Montana’s Fort Benton and Alberta’s Fort Whoop Up.

Referred as the Blackfoot Nation or Blackfeet Nation, the tribe was originally located in southern Alberta, a little bit of Saskatchewan around Cypress Hills wrapping around into Montana south of Cypress down to the Yellowstone River and down into the Three Forks region at the headwaters of the Missouri. The western boundary was the Rocky Mountains, also called the backbone of the world. Today the reservation is made up of 1.5 million acres and located in the northwestern part of Montana that includes most of Glacier County. Elevations vary from a low of 3,400 ft. in the southwest to a high of over 9,000 ft. at Chief Mountain on the northwest boundary. It has a rugged skyline, foothills and drops down to short grass prairies. The buffalo and the Blackfeet had a perfect range.

Jack is a singer. He blends legend, history and metaphor into song. From his songs to his epic ballads of historical events and biographical profiles, Jack presents a clear picture in our mind of what has transpired. Jack has had 12 albums released. They include:  Wolves On Sea and Plain, In the Shadow of Mt. Lassen, Buckskin Society and his fourth album, Noble Heart , was nominated for Best Independently Produced CD by the Kerrville Music Foundation, Legacy, Buffalo Stew, Buffalo Republic, Buffalo Cafe, Tappin’ the Earth’s Backbone, Odyssey West, Mountain West Christmas and Blackfeet Storysmith. In addition to music, he contributed a chapter in the book, War Against the Wolf, by Rick McIntyre describing an American Indian’s perspective on the wolf.

Jack holds sacred the many stories he shares that were related to him by his Blackfeet grandmother. He tells the stories that she recounted to him about her life and Blackfeet mythology. One such story is the story of the beaver medicine bundle. The sacred beaver stole the wife of one of the hunters on lower St. Mary’s Lake. The hunter was informed by his son that he must catch the beaver’s son and hold him for ransom. There had to be a civil settlement for the wrongdoing of the beaver kidnapping the hunter’s wife. The beaver’s son was captured. There was a meeting in the lodge and the exchange made. The beaver apologizes, and to make amends, he presents the Blackfeet men with skins and songs of all the different animals of the world

Jack founded a lecture series, Native American Speaks, for Glacier National Park. The series was presented an award for excellence in the interpretation of American Indian culture by The Council for American Indian Interpretation. He earned a football scholarship to the University of Washington and graduated with a degree in speech communications. He is a teacher on the reservation at the Blackfeet College and taught public speaking for four years. He was presented a Human Rights Award for Outstanding Community Service by MSU-Northern Human Rights Committee. He is on the board of directors for a non-profit organization called Red Feather.
Jack’s informative and inspirational shows have been enjoyed by audiences in 46 states from Alaska to California and from New York to Florida. He has performed for audiences of all sizes and ages in venues ranging from small concerts to large festivals and grade schools to colleges.

Meet the Organizers

Cathay Smith

Prof. Smith teaches courses on intellectual property law, property law, and art and cultural property law. Her scholarship focuses copyright and trademark law, IP theory, art law, and cultural property and heritage law. In 2017, she was awarded the Boone Faculty Scholarship Award for her scholarship. Outside of the law school, Prof. Smith serves on the Board of Directors for the Missoula Art Museum (MAM) and is an appointed member of the Public Art Committee for the City of Missoula.

Prior to joining the faculty at the Alexander Blewett III School of Law, Prof. Smith taught at the University of Denver Sturm College of Law and practiced as an intellectual property attorney in Chicago with the law firm of Katten Muchin Rosenman LLP.

While in practice, Prof. Smith represented multinational technology, fashion, and entertainment and media corporations on intellectual property issues and disputes. Her representative published decisions include Kinbook LLC v. Microsoft Corp., 866 F.Supp.2d 453 (E.D.Pa. 2012) (aff'd 2013 WL 116516 (3d Cir. 2013) (summary judgment in trademark infringement case); James Braddock v. Angelina Jolie, 103 U.S.P.Q.2d 1344 (N.D.Ill. 2012) (copyright case involving the movie In the Land of Blood and Honey); PODS Enterprises, Inc. v. ABF Freight System, Inc., 100 U.S.P.Q.2d 1708 (M.D.Fla. 2011) (trademark case involving PODS); Facebook Inc. v. Various Inc., 99 U.S.P.Q.2d 1300 (N.D.Cal. 2011) (trademark case involving FACEBOOK); Arcadia Group Brands Ltd. v. Studio Moderna SA, 99 U.S.P.Q.2d 1134 (T.T.A.B. January 6, 2011) (trademark case involving TOPSHOP); Penthouse Digital Media Productions, Inc. v. Cloudstreet Inc., 98 U.S.P.Q.2d 1496 (T.T.A.B. 2010) (immoral/scandalous trademark case); Roxbury Entertainment v. Penthouse Media Group, Inc., 669 F.Supp.2d 1170 (C.D.Cal. 2009) (trademark infringement case involving ROUTE 66 and the First Amendment); Roxbury Entertainment v. Penthouse Media Group, Inc., 91 U.S.P.Q.2d 1173 (C.D.Cal. 2009); Bausch & Lomb Incorporated v. Karl Storz GmbH & Co. KG, 87 U.S.P.Q.2d 1526 (T.T.A.B. May 28, 2008). Read more.

Sarah RhoadesSarah is the co-organizer of the first and second installments of IP Day in Montana. She is a founding member and inaugural chair of the IPL Section of the State Bar of Montana. As part of her ongoing efforts and initiatives as past-chair, Sarah organizes an Explorations Series featuring educational and professional development opportunities for Montana IP attorneys.

Now entering her 17th year of IP practice in Montana, Sarah assists clients in securing and enforcing their intellectual property rights in the U.S. and international jurisdictions. Sarah counsels clients on developing strategies for protecting their IP assets and then represents them in patent, copyright, trademark, trade dress, trade secret and related business matters. She also provides IP-related contract preparation and licensing services. She is admitted to practice in the State Courts of Montana, the Federal Courts for the District of Montana and United States Tax Court and is a Registered Patent Attorney. Sarah has served as counsel in trials and hearings in State and Federal Courts around the state, particularly serving as co-counsel with Michael Sherwood on many, varied criminal jury trials.

Sarah has presented a number of continuing legal education seminars including Trademark Year in Review for Washington State Bar CLE at Gonzaga Intellectual Property Association and at the Inland Empire Intellectual Property Institute (IEIPI). She also served as a member of the IEIPI panel entitled "Representing Small to Medium Size Trademark Clients: Issues, Advice and Useful Suggestions." Sarah is a member of American Intellectual Property Law Association, the American Bar Association, the ABA Intellectual Property Law Section and the Western Montana Bar Association. Read more.

Sponsors

Thank you to our generous sponsors!

Silver

Garlington, Lohn & Robinson

Break/Coffee

Church, Harris, Johnson & Williams, P.C.