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
11/20/2023
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Design Patent ,
Digital Media ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Patents ,
The Copyright Act ,
Trademark Application ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO ,
Video Games
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
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
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
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
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
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
7/6/2020
/ Americans with Disabilities Act (ADA) ,
Appeals ,
ATMs ,
Credit Unions ,
Disability Access Claims ,
Disability Discrimination ,
Dismissals ,
Nexus ,
Public Accommodation ,
Reversal ,
Software ,
Unruh Civil Rights Act ,
Websites
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
10/18/2019
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Dominos ,
Mobile Apps ,
Petition for Writ of Certiorari ,
Public Accommodation ,
Regulatory Standards ,
SCOTUS ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
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
9/11/2019
/ Accessibility Rules ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Article III ,
Disability Discrimination ,
Public Accommodation ,
Standing ,
Title III ,
Unruh Civil Rights Act ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
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
8/20/2019
/ Americans with Disabilities Act (ADA) ,
Article III ,
Corporate Counsel ,
Disability Discrimination ,
Dismissals ,
Public Accommodation ,
Regulatory Standards ,
Standing ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
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
6/13/2019
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Kroger ,
Motion to Dismiss ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
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
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
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
8/2/2017
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Dominos ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
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
7/26/2016
/ Class Action ,
Class Certification ,
Corporate Counsel ,
FRCP 23 ,
Late Fees ,
Mortgage Servicers ,
Mortgages ,
Real Estate Market ,
Seventh Amendment ,
The Money Store ,
Young Lawyers