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IP Protection for Featured Characters in Digital and Physical Media

The Trademark Trial and Appeal Board (TTAB) recently ruled in In re Joseph A. Stallard (dba Osgoode Media) that Osgoode Media could not register the image of a character as a trademark in connection with a video game....more

The Intersection of Generative AI and Copyright Law

With the advent of readily accessible artificial intelligence (AI) and the breakthrough of generative AI (GAI) programs such as ChatGPT, Stable Diffusion and Midjourney, GAI is now a staple in all facets of business. GAI...more

IP Considerations for Naming Clinical Trials

With hundreds of thousands of clinical trials being conducted worldwide on an annual basis, creating a unique name for a new trial can prove almost impossible. When even a brief internet search can return multiple trials...more

An IP Law Recipe for Alphabet Soup: Typefaces and Fonts

Next time you fire up your computer and pick out your favorite typeface and font, beware. Your intended use might just land you in legal hot water....more

California Appeals Court Determines ADA Not Applicable to E-Commerce Websites Lacking a Brick-and-Mortar Store

The California Court of Appeals Second Appellate District recently affirmed a trial court’s dismissal of a complaint filed by a visually impaired plaintiff, alleging that a cleaning product company’s retail website was...more

NY District Court Rules ADA Does Not Apply to Internet-Only Businesses

The U.S. District Court for the Eastern District of New York recently ruled that the Americans With Disabilities Act (ADA) does not apply to websites that maintain no connection to a brick-and-mortar retail location based on...more

California Appeals Court Relies on Nexus Theory to Reverse Dismissal of ADA Website Violation Complaint

The California Court of Appeals, Fourth Appellate District, recently reversed a lower court ruling against a visually impaired plaintiff who alleged that a credit union’s website was incompatible with screen-reader software....more

Supreme Court Denies Review Of ADA Website Accessibility Case, Leaving Businesses Subject To Ninth Circuit's Guidelines

The U.S. Supreme Court recently declined to review a Ninth Circuit Court of Appeals ruling that held that the Americans With Disabilities Act (ADA) applies to nongovernmental entity websites that have a nexus to their...more

California Appellate Court Adopts Broad Standing for Claims Based on Asserted ADA Violations

The California Supreme Court recently issued a ruling in White v. Square, Inc. that suggested standing to assert claims against websites for violations of the Unruh Civil Rights Act will be interpreted very broadly. In a case...more

California Supreme Court Decision Could Expand Standing for Website Accessibility Claims

Evolving case law regarding website accessibility under the Americans with Disabilities Act (ADA) and comparable state laws continues to impact companies across the country. In the past, courts have required plaintiffs to...more

In ADA Website Accessibility Cases, Remediation May Be a Successful Defense

Companies, universities and other organizations around the country continue to face an onslaught of lawsuits brought under the Americans with Disabilities Act (ADA) alleging that commercial websites cannot be appropriately...more

Ninth Circuit Reinforces Accessibility Requirement for Websites and Apps Under ADA

Any company doing business on the West Coast must be aware of the Americans With Disabilities Act (ADA) and how it applies to their website. Now, following a flurry (if not frenzy) of cases...more

NY Seizes on Recent D.C. Circuit Decision to Deny Pipeline Permits

The U.S. Court of Appeals for the D.C. Circuit’s recent decision in Sierra Club v. FERC (Southeast Market Pipelines Project), No. 16-1329 (D.C. Cir. 2017), has already had an impact on the natural gas industry and resulted in...more

DOJ Puts ADA Website Project on Hold

On July 20, the Trump administration published its Unified Agenda of Regulatory and Deregulatory Actions, which transferred to an “inactive actions” list the Department of Justice’s (DOJ’s) ongoing project for additional...more

Second Circuit Holds Class Can Be Decertified After Jury Verdict

A class certification ruling is always subject to challenge if the class representative does not prove the necessary elements of class certification. On July 15, the U.S. Court of Appeals for the Second Circuit held...more

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