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April 03, 2024 | New York Law Journal

Licensees in the Ordinary Course of Business: What's Exclusive and What's Not

'North Star' underscores the important distinction between nonexclusive and exclusive license agreements when foreclosing on a licensed asset. A licensee seeking to acquire use rights in trademarks encumbered by a perfected security interest should weigh the benefits under Section 9-321 of a nonexclusive license against possible commercial advantages of an exclusive license.
9 minute read
March 26, 2024 | New York Law Journal

Patent Office Issues New Guidance on the Law of Obviousness

The United States Patent and Trademark Office recently published new guidance explaining the requirements for patent examiners to reject patent claims for obviousness in view of what was already known in the prior art.
8 minute read
March 19, 2024 | New York Law Journal

'Jackpot' Is Generic Term, 2nd Circuit Panel Rules in Lottery Ticket Sites' Trademark Fight

The three-judge panel of Circuit Judges John M. Walker Jr., William Nardini and Steven Menashi affirmed Liman's judgment in a 12-page summary order issued just two weeks after oral arguments.
3 minute read
January 09, 2024 | New York Law Journal

The 'Wavy Baby' Case and Consideration of Expressive Works in the Second Circuit

The Second Circuit recently determined that no special First Amendment protections applied to a defendant's use of the Vans Old Skool shoe trademark in selling its own shoes purportedly intended as a critique of sneaker culture. It affirmed the district court's entry of a preliminary injunction against the defendant, finding the plaintiff was likely to succeed on its trademark infringement claim under the Lanham Act. In doing so, it issued its first opinion applying the Supreme Court's June 2023 decision in 'Jack Daniel's Properties v. VIP Products'.
8 minute read
December 04, 2023 | New York Law Journal

Trademark Board Decision Clarifies Abandonment Principles

A recent decision of the Trademark Trial and Appeal Board contains several important principles to evaluate abandonment claims.
5 minute read
Law Journal Press | Digital Book Connecticut Appellate Practice & Procedure, 8th Edition Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE View this Book

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December 01, 2023 | New York Law Journal

Will Biden's AI Executive Order Give Clarity on the Issue of Inventorship?

President Biden passed an executive order on October 30 that creates new standards, safety, and security in AI systems. The new standards are meant to protect consumers from data breaches in AI systems and scammers using AI to take advantage of people. This artcle discusses what companies and consumers need to know about the new order.
6 minute read
October 23, 2023 | New York Law Journal

From Palette to Protection: When Does Color Function as a Trademark?

While companies like UPS have successfully used color as a trademark, securing trademark protection for a color can be challenging. This article discusses what it takes for a color to be eligible for trademark protection and the legal considerations involved.
6 minute read
October 05, 2023 | New York Law Journal

The Trademark Anti-Trafficking Rule

A discussion of the recent Trademark Trial and Appeal Board decision in "Thrive Natural Care Inc. v. Nature's Sunshine Products," which recognized a time limit on claims to cancel trademarks that otherwise would be void under this provision. The decision "provides a welcome bright line for trademark holders but also serves as a reminder that one should be mindful of the risks associated with assigning intent-to-use trademark applications."
12 minute read
September 12, 2023 | New York Law Journal

Lanham Act's Registration Requirements Head to the Supreme Court in Another First Amendment Challenge

In this article, Catherine Nyarady and Crystal Parker discuss the pending 'Vidal v. Elster' Supreme Court case and whether a provision of the Lanham Act violates the First Amendment by barring registration of a trademark that contains criticism of a government official or public figure.
8 minute read
August 27, 2023 | New York Law Journal

Disputes Over Culturally Inspired Fashions On and Off the Runway

In this article, Natasha Reed discusses that while casting for runway shows seems to be moving toward cultural diversity, the fashion industry itself may have a cultural appropriation crisis. In this article, she lays out six fashion industry cultural appropriation disputes that made headlines, with some even making their way from the catwalk to court.
11 minute read

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