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Supreme Court Clarifies Copyright Protection for Artistic Features in Clothing

On March 22, 2017, the Supreme Court held that a two- or three-dimensional work of art on a useful article, such as clothing, is protectable under copyright law if: (1) the work of art can be perceived as separate from the...more

Keep Quiet and Carry On under the EU Trade Secrets Directive

Much as the recent U.S. Defend Trade Secrets Act establishes uniform federal trade secrets protections across the states, the EU Trade Secrets Directive (the “Directive”) harmonizes similar protections across its Member...more

It's No Secret: Employment & Federal Considerations in New Trade Secrets Law

On May 11, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA). The result of rare bipartisan support, the DTSA was passed unanimously by the Senate and by a 410-2 vote by the House last month. It...more

The Trade Secrets Bill Proceeds to the President's Desk

On April 27, the House of Representatives by a 410-2 vote passed the Defend Trade Secrets Act (DTSA), which creates a federal cause of action for trade secret misappropriation, providing trade secrets with a degree of...more

When the Best Defense is a Federal Cause of Action: Trade Secret Owners May Soon Have a Federal Cause of Action for Trade Secret...

Earlier this month, the U.S. Senate unanimously passed bill S. 1890, the Defend Trade Secrets Act of 2016 (DTSA). If enacted, the DTSA will create a federal cause of action for trade secret misappropriation, providing...more

Supreme Court Rules that Trademark Tacking is a Question for Juries

Yesterday, the Supreme Court unanimously held in Hana Financial v. Hana Bank, 574 U.S. ___ (2015), that trademark tacking is a question for juries. Trademark tacking, or the ability to "tack" a new mark to an older mark in...more

.bank and Other Domain Names to Open for Financial Institutions... And Others

The governing body that administers the domain name space, the Internet Corporation for Assigned Names and Numbers (ICANN), is in the process of vastly expanding the number of top level domain names (like .com and .net) from...more

Supreme Court Grants Cert on Trademark "Tacking"

Last week, the Supreme Court of the United States granted a writ of certiorari in Hana Financial, Inc. v Hana Bank. The issue presented is whether trademark "tacking" is an issue of fact for a jury or an issue of law for the...more

Supreme Court Effectively Shuts Down Aereo's Television Streaming Service

The Supreme Court of the United States announced an important copyright decision last Wednesday in American Broadcasting Cos. v. Aereo, Inc. (573 U.S. ____ (2014)). The 6-3 decision by Justice Breyer reversing the United...more

Copyright Co-Authorship: Be Prepared to Weather the Storms

The recent Third Circuit decision in Brownstein v. Lindsay, --- F.3d ----, 2014 WL 306240 (3rd Cir. Jan. 29, 2014) clarified important issues related to the statute of limitations for co-ownership claims, as well as to a...more

Copyright Owners: Keep Your Eye on the Road

Copyright owners need to stay alert! If you have an infringement, ownership interest, or other claim to assert in a copyrighted work and fail to do so within the three year statute of limitations you risk being barred from...more

Fantastic .Voyage: The Launch of First 9 New gTLDs

The first nine new generic top-level domain name spaces (gTLDs) in English1 are expected to go live on or around October 29, 2013. These first nine domain spaces to join existing gTLDs like .com and .net are: .camera,...more

Key Trademark Rights Protection Mechanism for New Top-Level Domains Opens March 26, 2013

The first of hundreds of new generic top-level domain name (gTLD) registries1 are expected to launch in the summer of 2013. The Internet Corporation for Assigned Names and Numbers (ICANN), the NGO that regulates the domain...more

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