Luxury fashion brand Hermès sued Mason Rothschild in January 2022 alleging that the digital images underlying the non-fungible tokens (“NFTs”) produced and sold by Rothschild depicting faux fur-covered Birkin handbags – the “MetaBirkins” – constituted trademark infringement and dilution and that...Read More
Intellectual property rights can get muddled in the “real world” and with the advent of virtual worlds, such as the Metaverse, this will only further complicate matters for brand owners who will now have to monitor and enforce their rights in the boundless virtual world. Indeed, legal disputes are already surfacing in the...Read More
The Trademark Modernization Act (TMA) was signed into law December 27, 2020. Importantly, the burden shifting provision for trademark owners in litigation seeking preliminary or permanent injunctive relief was made effective immediately.Read More
Rooted in the principle of fairness, the doctrine of assignor estoppel generally prevents an inventor, who had previously assigned their patent rights to another for value, from later contesting the validity of the assigned patent. Read More
On June 21, 2021, in United States v. Arthrex, the Supreme Court finds that Administrative Patent Judges (“APJs”) on the Patent Trial and Appeal Board (“PTAB”) panels for inter partes review (“IPR”) proceedings to be acting as Principal Officers in violation of the Appointments Clause.Read More
A failure to address IP considerations can have a devastating and lasting impact—including a permanent loss of IP rights and a risk of costly litigation—which ultimately hinders the ability to grow from a startup into a thriving, successful company.Read More
Through the passage of the recent budget bill directed to providing COVID relief, Congress has also passed the Copyright Alternative in Small-Claims Enforcement Act (the “CASE Act”), essentially creating a small claims “court” within the Copyright Office itself.Read More
The Supreme Court of the United States held unanimously in Romag Fasteners Inc. v. Fossil Inc., et al., 140 S. Ct. 1492 (2020) that a plaintiff in a trademark infringement suit does not have to prove willfulness for an award of defendant’s ill-gotten profits as damages under the Lanham Act.Read More
This article appeared in the Daily Business Review on July 28, 2020. Commentary provided by Eric C. Christu and Jodi-Ann Tillman. Read More
The USPTO has now extended patent deadlines another month for small and micro entities.Read More
Search Blog
Subscribe Today
Follow Us
Recent Posts
- Case Update: Hermès Prevails in MetaBirkins Lawsuit; Jury Rejects Rothschild’s First Amendment Defense
- Intellectual Property Rights in the Metaverse: Hermès v. Rothschild and the MetaBirkins Saga
- Implementation of the Trademark Modernization Act (TMA): What Trademark Owners Need to Know
- Minerva Surgical, Inc. v. Hologic Inc.: The Supreme Court Limits the Scope of Assignor Estoppel
- United States v. Arthrex: The Supreme Court Provides the Director of the USPTO with Review Authority over Final PTAB Decisions
- Starting a Business?: Trademark Considerations for Startups
- Congress Passes CASE Act of 2020 and Law Regarding Unauthorized Streaming Services
- Romag Fasteners v. Fossil: Willful Infringement is Not Required to Recover an Award of Profits in Trademark Infringement
- Trademark Squatting or Lucrative Opportunity? Time Will Tell
- Patent and Trademark Deadlines Further Extended Due to the COVID-19 Crisis
Popular Categories
Editors
- Partner
- Partner
- Associate