The Briefing: The Supreme Court Limits the Reach of The Lanham Act [PODCAST]
Emerging Strategies for Protecting Global IP Rights
Patent Series: Protecting inventions
Video Game Lawsuit Highlights Intellectual Property Issues with Internet Memes
Harlem Shake's Copyright Issues
Apple Loses First 'Big' Case to MobileMedia, Lawyer Says
Copyright Safe Harbors: Establishing Protection Against Infringement Claims
Trademarks — which can include words, phrases, symbols, designs, or a combination of these things — play a crucial role in establishing and protecting a brand’s identity: they help ensure that consumers can reliably identify...more
Dewberry Engineers Inc. (“Dewberry Engineers”), a prominent engineering firm, has been locked in an on-again, off-again trademark dispute with a real estate development firm called Dewberry Group, Inc. (“Dewberry Group”) for...more
In the realm of professional associations, establishing a strong and recognizable brand is crucial. Trademarks and service marks are essential tools that not only protect your association's brand but also enhance its...more
A North Carolina state lawmaker has filed a bill to ban prop bets on college sports in the state, following the call of the NCAA president and similar bans in other states. Durham Democratic Rep. Marcia Morey, a former U.S....more
Generally, an attorney can issue subpoenas. However, when you seek to serve an Internet Service Provider ("ISP) to find out the name and address of the subscriber (who may be an infringer of your IP), the Cable Privacy Act...more
In its 2023 Brand Protection Report, Amazon reveals its efforts to eliminate counterfeit products. Bolstered by more than $1.2 billion in investment and 15,000 personnel, from machine learning scientists to specialized...more
Trademark disputes can be time-consuming and costly. By proactively assessing risks and taking steps to avoid infringement, emerging companies save time and money. At the crux of most trademark disputes is the claim that...more
On November 30, 2022, OpenAI captured the world’s attention when it introduced version 3.5 of its ChatGPT service. What began as cocktail hour conversations and funny experiments quickly made its way into boardrooms and...more
Artificial intelligence (AI) is rapidly transforming the world around us, and intellectual property (IP) is no exception. AI is being used to create new and innovative products and services, and it is also being used to...more
At the core of the definition, a Parallel import is a non-counterfeit product imported from another country without the permission of the intellectual property owner. They are also goods that are not authorized for...more
Did Nintendo finally release a Pokémon videogame with guns? Oh, wait, it’s not Pokémon at all – it’s Palworld, a game released by Pocket Pair, a different Japanese videogame company. If you missed it, Palworld was released...more
Trends, triumphs and challenges – the first annual BakerHostetler IP Perspectives (BHIPP) provides insights on all three fronts in the complex world of intellectual property (IP). From the potential hazards associated with...more
"I expect to see an increased focus on GenAI-specific inquiries in the due diligence process and corresponding representations and warranties in purchase and merger agreements. Governing legal terms and conditions vary...more
Sales of consumer products through online marketplaces have been commonplace for years and account for a significant portion of the total consumer products marketplace. Sellers of industrial products such as replacement...more
In April, we discussed oral arguments at the Supreme Court for Abitron Austria GmbH et al. v. Hetronic International, Inc., a case in which the Supreme Court considered the extraterritorial reach of the Lanham Act (“Act”) for...more
The U.S. Supreme Court recently decided that trademark infringement claims under the Lanham Act only apply if the infringing “use in commerce" occurs in the United States. Scott Hervey and Tara Sattler talk about this case on...more
The United States International Trade Commission (ITC) is a fast-paced, high-stakes forum for companies with significant U.S. operations and/or U.S. intellectual property rights. Broad in scope, Section 337 empowers the ITC...more
The new social media platform Threads was launched on July 5, 2023. Reports indicate that within the first day of launch, more than 30 million users have signed up. The app is designed for text-based conversations instead of...more
Given the recent explosion of interest in Generative AI that came along with the introduction of ChatGPT in November, and the fact that Proskauer is advising clients on AI issues across almost all practice areas, the firm put...more
The term “intellectual property” signifies any creation of the human intellect. It comprises of ideas, inventions, designs and discoveries, that can be used to earn recognition and financial gains. The most common examples of...more
Quickly evolving industries, like gaming and esports, are exciting spaces and foster innovation. However, those innovators could be doing all the heavy lifting only for others to exploit their hard work if they’re not careful...more
Automakers and their suppliers have long been participants in unfair trade investigations before the International Trade Commission (“ITC”), but the scope and subject matter of automotive-related investigations is evolving....more
So, you’ve identified a party infringing on your brand’s intellectual property rights, and in response, you issue a cease-and-desist letter to the infringer. What you say in that letter is just as important as how you say it....more
Yuga Labs Inc. (Yuga) – the creator and marketer of the well-known "Bored Ape Yacht Club" collection of nonfungible tokens (NFTs), referred to as Yuga Bored Ape images – filed a complaint in July 2022 against conceptual...more
Fashion houses Fendi and Marc Jacobs have been sued for trademark infringement in the United States District Court for the Central District of California by another clothing company known as Roma Costumes, Inc. According to...more