Just when you thought you had a handle on domain name enforcement, blockchain technology has given rise to blockchain domain names, which bring novel and complex challenges. There are currently millions of blockchain domain...more
Earlier this month, New York’s governor, Andrew Cuomo, signed a bill that makes significant amendments to New York’s Civil Rights Law, which codifies rights of publicity and privacy in the State. In addition to adding a long...more
Last week, New York’s governor, Andrew Cuomo, signed a bill that makes significant amendments to New York’s Civil Rights Law, which codifies rights of publicity and privacy in the State. In addition to adding a long...more
May 27, 2020 USPTO Notice -
In recognition of the continued business disruptions occasioned by COVID-19, the United States Patent and Trademark Office (USPTO) expanded the timeframe within which trademark owners may...more
While the Copyright Act has a three-year statute of limitations, most courts follow the “discovery rule,” pursuant to which “an infringement claim does not ‘accrue’ until the copyright holder discovers, or with due diligence...more
While the Copyright Act has a three-year statute of limitations, most courts follow the “discovery rule,” pursuant to which “an infringement claim does not ‘accrue’ until the copyright holder discovers, or with due diligence...more
As we have previously advised, the Trump Administration is targeting the sale of counterfeit goods on e-commerce platforms. Early this year, the Department of Homeland Security issued its report to the White House on...more
While the offices of the United States Patent and Trademark Office (USPTO) are closed to the public due to the COVID-19 pandemic, the USPTO remains open for the filing of documents and fees relating to trademark prosecution...more
Yesterday, the Supreme Court issued a much-awaited opinion holding that a plaintiff is not required to prove willful infringement in order to seek a trademark infringer’s profits under the Lanham Act. This decision resolved a...more
4/27/2020
/ § 1125(a) ,
§ 1125(c) ,
Appeals ,
Burden of Proof ,
Charge-Filing Preconditions ,
Compensatory Awards ,
Dilution ,
Lanham Act ,
Lost Profits ,
Remand ,
Remedies ,
Romag Fasteners v Fossil ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated ,
Willful Infringement
Pursuant to section 12004 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) has issued a Notice extending the time to file trademark or patent-related...more
We continue to monitor the impacts of the Coronavirus (COVID-19) on business and commerce. ...more
As we advised last week, the Department of Homeland Security (“DHS”) recently issued its long-awaited report to the White House, “Combating Trafficking in Counterfeit and Pirated Goods” (the “Report”). One week later, on...more
At Kelley Drye’s IN FASHION Law Summit in January, one panel deliberated the current challenges of the digital marketplace. The panel discussed an executive memorandum issued by the Trump Administration that solicited...more
As Marie Kondo inspires individuals across the country to tidy up using the KonMari Method, the United States Patent & Trademark Office (USPTO) is similarly tidying up the trademark registry to clear out the clutter of...more
Most companies understand they should obtain a license before using a photograph in an advertising campaign or on printed materials. And yet companies may not think twice about embedding images from a tweet or social media...more
The U.S. Copyright Office has imposed new requirements on service providers in order to maintain safe harbor protection under the Digital Millennium Copyright Act (“DMCA”). Service providers who don’t meet these requirements...more
The overall design (such as the shape and cut) of a garment, bag or shoe is not protectable under current U.S. Copyright law because such items are considered “useful articles.” However, Section 101 of the Copyright Act...more
Effective December 1, 2016 the U.S. Copyright Office is imposing new requirements on service providers in order to maintain safe harbor protection under the Digital Millennium Copyright Act (“DMCA”). Service providers who...more
The following open gTLD Sunrise Periods may be of interest to companies in the gaming, entertainment and retail industries who wish to register their trademark as a domain name. Each new gTLD operator must provide a window...more
The following open gTLD Sunrise Periods may be of interest to companies in the fashion and retail industries that wish to register their trademark as a domain name. Each new gTLD operator must provide a window during which...more
It is a common misperception that a party will automatically recover its attorneys’ fees if it prevails in an action for copyright infringement. First, certain statutory requirements must be met in order to qualify for the...more