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Supreme Court: Parody Not a Shield from Trademark Infringement

In Jack Daniels Properties, Inc. v. VIP Products LLC, (slip. op. No. 22-148, June 8, 2023), the United States Supreme Court reversed the Ninth Circuit, ruling that a “Bad Spaniels” dog toy designed to look like a Jack Daniels...more

Lensa: Are AI Art Generators Copyright Infringers?

Artificial Intelligence (AI) is now at our fingertips. No longer a concept hidden behind the walls of Big Tech and academia, AI programs are now available and accessible to everyone. Generative AI tools like ChatGPT have...more

New York Attorney General: Data Breaches Will Cost You

As the rate of international cyberattacks increases, it is essential that corporations that collect and store their customers’ personal data keep it safe from breaches. But even large corporations can be slow to act in order...more

Amazon’s Utility Patent Neutral Evaluation Proceeding: Let the Seller Beware

Speed and efficiency have long been Amazon’s hallmarks, and its dispute resolution system for patent infringement claims is no exception. Amazon’s Utility Patent Neutral Evaluation (“UPNE”) proceeding is quickly emerging as...more

The Trademark Modernization Act’s New Cancellation Procedures are Now Effective

Is an unused registered trademark preventing you from clearing or registering your mark? Or was the blocking registration filed for goods or services that were not in use when the registrant declared that they were? As we...more

Quentin Tarantino’s Secret NFTs

Quentin Tarantino recently announced plans to auction off seven scenes from the 1994 motion picture Pulp Fiction as non-fungible tokens or NFTs. These “Tarantino NFTs” will include a collection of high-resolution digital...more

NYC Businesses: Do you have your “biometric identifier collection” notice up?

As previewed in Mintz’s earlier post, New York City’s Biometric Identifier Information Law (the “NYC Law”) is now in force, effective Friday, July 9th. The NYC Law requires that places of entertainment, retail stores and...more

Get Ready for New York City’s New Biometric Identifier Information Law

2021 could be another record year for new and pending privacy legislation, including laws either banning outright or placing limits on the use of technology involving biometric information. Just this year, Portland, Oregon...more

Supreme Court to Consider When Inaccurate Information in a Copyright Registration Affects its Validity in Unicolors v. H&M

After five years of litigation, the battle between Unicolors, a California-based fabric design company, and H&M is still going strong. Now the United States Supreme Court has agreed to decide whether an inaccuracy in...more

United States Supreme Court Rules for Google in a Landmark Fair Use Decision

On April 5, 2021, the United States Supreme Court handed down a decision that could have profound implications in the software industry. It held 6-2 that Google’s copying of 11,500 lines of code from Oracle’s Java SE API in...more

The Trademark Modernization Act Establishes New Trademark Cancellation Procedures

On December 27, 2020, the Trademark Modernization Act of 2020 (“the Act”) became law as part of the Consolidated Appropriations Act, 2021. Among other changes, the Act includes important amendments to the Lanham Act...more

Defense in Trademark Action Not Precluded by Failure to Raise Same Defense in Earlier Action

The Supreme Court unanimously held this week that Lucky Brand was not precluded from mounting a new defense in its litigation with Marcel Fashions Group — despite having chosen not to bring up the same defense in a prior...more

Supreme Court Holds that States Cannot Copyright Annotated Versions of Their Statutes

On April 27, 2020, the Supreme Court held that annotations to legislative text, even if created by a private contracted party, are not copyrightable materials under 17 U.S.C. §101. Invoking the government edicts doctrine, the...more

US Supreme Court Holds That Trademark Owners Need Not Prove Willful Infringement To Seek An Infringer’s Profits

In a unanimous decision, the US Supreme Court held that a trademark owner need not prove willful infringement in order to seek lost profits from a trademark infringer. The case, Romag Fasteners Inc. v. Fossil Inc. et al.,...more

Significant 2018 Trademark Decisions

This year the Supreme Court, United States Court of Appeals for the Federal Circuit, and the Circuit Courts penned a number of opinions impacting trademark law. Here are some key takeaways from the past year...more

Brewery Defeats Trademark Opposition by Conservative Public Figure Phyllis Schlafly

Relatives of the late conservative political activist, Phyllis Schlafly, lost their appeal to prevent the Saint Louis Brewery, LLC (“the Brewery”) from trademarking the Schlafly name in connection with various beer products...more

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