In my recent attempt at spring cleaning, I mentioned that “the Copyright Office’s ‘refusal to register a two-dimensional artwork claim in the work titled ‘A Recent Entrance to Paradise’ (‘Work’).” I also observed that “[e]ven...more
Artificial intelligence (AI) and machine-learning algorithms are powerful tools that can automate or inform decision-making. At the same time, those algorithms can be quite complex and appear to be a “black box”—inscrutable...more
Many cultures have the tradition of spring cleaning. These range from those in Iran observing the Persian New Year festival of Nowruz (and the practice of “khooneh tekouni,” or “shaking the house” to prepare for Nowruz), to...more
4/20/2022
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Trade Secrets ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
Recently I was going back and forth with a colleague about training programs for our developing lawyers. This colleague, a respected friend, looked at the list I proudly provided of the various advocacy, writing, presentation...more
Interesting question: Can someone trademark another person’s name without that person’s consent? The answer to that is usually “no,” but, hey, we would not be the first people to say that we live in interesting times. And if...more
I have to give it to creative, resilient lawyers (and in fact, I have lauded them in the past). When the United States Supreme Court issued its decision in Allen v. Cooper, 140 S.Ct. 994 (2020), a decision holding that the...more
1/5/2022
/ Allen v Cooper ,
Copyright ,
Copyright Infringement ,
Damages ,
Eleventh Amendment ,
Fifth Amendment ,
Fourteenth Amendment ,
Intellectual Property Protection ,
Just Compensation ,
Patents ,
Personal Property ,
Petition for Writ of Certiorari ,
Private Property ,
Sovereign Immunity ,
Takings Clause
We recently wrote about the pros and cons of the virtual deposition, a mechanism which saw its use burgeon during the pandemic. Epstein Becker & Green’s Managing Director, James P. Flynn, has taken the virtual experience to...more
Admittedly, the second word in that title is a mouthful—but Paraskavedekatriaphobia is a real word, with an etymology and definition. It even has a synonym, friggatriskaidekaphobia. Each means “fear of Friday the...more
The title of this piece tracks a common “phrase of exasperation used to emphasize a question or statement.” If that be the case, and I think it is, then the subtitle implies the question this piece will address. That question...more
On March 26, 2021, the United States Court of Appeals for the Second Circuit decided The Andy Warhol Foundation v. Goldsmith, a decision addressing the “fair use” doctrine, an important part of copyright law. “Fair use” tries...more
For those of you who may read my past ILN posts, you will not be surprised that I subscribe to the Tucker Max approach: Make the title attention-grabbing, memorable and searchable, informative, easy and not embarrassing to...more
You've likely seen the headlines. Online recruiting tools that unfairly screen out women and minorities. Facial recognition tools used in law enforcement that misidentify specific demographic groups. Algorithms that place...more
2/12/2021
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Biometric Information ,
Chief Compliance Officers ,
Chief Information Officers (CIO) ,
Clinical Trials ,
Corporate Counsel ,
Employer Liability Issues ,
FDA Approval ,
Health Care Providers ,
Hiring & Firing ,
Human Resources Professionals ,
Life Sciences ,
Popular ,
Recruitment Policies ,
Risk Mitigation ,
Targeted Digital Advertising ,
Webinars
Long before the birth of Elvis Presley in 1935, and even longer before his recent 86th birthday on January 8, 2021, King Arthur was the legendary king of choice, and his story was most completely told in Le Morte d’Arthur by...more
Elvis sightings have had a long, storied life of their own since the King of Rock-and-Roll’s “death” was reported (or perhaps exaggerated (though neither greatly nor grossly)), in 1977. Indeed, since 1977, it has been claimed...more
The Court of Appeals for the Sixth Appellate District of Texas at Texarkana issued an opinion on November 24, 2020 in Titan Oil & Gas Consultants LLC v. David W. Willis and RIGUP, Inc., a case addressing application of a...more
At heart, and still, I am a non-singing Jersey Boy, and one who grew up reading Sherlock Holmes stories and watching Star Trek, the Original Series (before it even needed that modifier), in reruns in the 1970s while also...more
10/23/2020
/ Appeals ,
Authorship ,
Copyright ,
Copyright Expiration ,
Copyright Infringement ,
Dilution ,
Fair Use ,
Fictional Characters ,
IP License ,
Licensing Fees ,
Playwright ,
Public Domain ,
Television Shows ,
Video Games
We live in a time of contradictions and confusion, and today we aim to explore how some such tensions have manifested themselves in the area of intellectual property law.
On the one hand, we have a national and...more
7/23/2020
/ 42 U.S.C. §1983 ,
Allen v Cooper ,
Copyright ,
Copyright Infringement ,
Copyright Remedy Clarification Act ,
Counterfeiting ,
Deprivation of Property ,
Eleventh Amendment ,
Exclusive Jurisdiction ,
FBI ,
Fourteenth Amendment ,
Intellectual Property Protection ,
Legal History ,
Piracy ,
Preemption ,
Privileges and Immunities ,
Sovereign Immunity ,
State Sovereignty ,
State Universities ,
Theft ,
Trade Secrets
James Flynn is the managing partner of Epstein Becker & Green, a US law firm with 14 offices, and a member of the International Lawyers Network. In this episode, Lindsay and Jim discuss how the pandemic has broken down...more
When Massachusetts enacted the Massachusetts Noncompetition Agreement Act (“MNCA”) in mid-2018, some commentators suggested that the statute reflected an anti-employer tilt in public policy....more
A few weeks back, as remote working and social distancing were becoming the order of the day (and interesting phrase, given what quickly became the norm in many US states and cities, as executive orders abounded), my son...more
4/13/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Court Closures ,
Court Schedules ,
Emergency Orders ,
Infectious Diseases ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Medical Research ,
Misappropriation ,
Patent Infringement ,
Pharmaceutical Patents ,
Relief Measures ,
State of Emergency ,
Trade Secrets ,
Waivers
On December 4, 2019, the Scotch Whiskey Association filed opposition to the trademark application of ASW Distillery LLC, an Atlanta distiller, that was seeking the mark BURNS NIGHT for an American malt whiskey, noticeably...more
1/16/2020
/ Country of Origin ,
Deceptively Misdescriptive ,
Failure To State A Claim ,
Motion to Dismiss ,
Poetry ,
Scotland ,
Trademark Application ,
Trademark Opposition Proceedings ,
Trademarks ,
USPTO ,
Wine & Alcohol
Tattoos, one of the oldest art forms in the world, are all over the legal news in recent years. The news runs the gamut from a tattooist suing a movie studio over replication of Mike Tyson’s facial tattoo in The Hangover II...more
10/16/2019
/ Copyright ,
Copyright Infringement ,
Intellectual Property Protection ,
Legal History ,
Movies ,
Native American Issues ,
NBA ,
Photographs ,
Tattoos ,
Thirteenth Amendment ,
Video Games ,
Visual Artists Rights Act (VARA)
Springsteen.
Sinatra.
Chuck Wepner (for at least one night in 1975 and then through the “Rocky” avatar).
At least some of the people that rest stops on the New Jersey Turnpike are named after.
These public figures...more
7/30/2019
/ Celebrities ,
Commercial Appropriation ,
Common Law Torts ,
Copyright ,
Intellectual Property Protection ,
International Litigation ,
Privacy Torts ,
Right of Publicity ,
State Law Claims ,
Trademarks ,
TRIPS Agreement ,
Unfair Competition ,
WIPO
To many, the names “Rocky Balboa” and the “Italian Stallion” are as universal and front of mind as the names “Chuck Wepner” and the “Bayonne Bleeder” are regional and tucked into (or have already fallen out of or never made...more
5/28/2019
/ Artists ,
Commercial Buildings ,
Graffiti ,
Intellectual Property Protection ,
Paintings Sculptures and Engravings ,
Photographs ,
Property Owners ,
Public Art ,
Sweden ,
UK ,
United States ,
Video ,
Visual Artists Rights Act (VARA)
There is a popular vintage Harley Davidson t-shirt that says “Tough Guys Finish First.” That may be true. But, sometimes, to finish first, one does not need more tough guys; one needs more lawyers, as a crime-related matter...more
3/13/2019
/ Asset Seizure ,
Collective Marks ,
Constitutional Challenges ,
Criminal Convictions ,
Criminal Forfeiture ,
Criminal Proceeds ,
Due Process ,
First Amendment ,
Freedom of Association ,
Freedom of Expression ,
Indictments ,
Intellectual Property Protection ,
Jury Verdicts ,
Motorcycle Clubs ,
Murder ,
Plea Agreements ,
RICO ,
Sentencing Enhancements ,
Service Marks ,
Trademark Registration ,
Trademarks ,
Unincorporated Associations ,
USPTO