New York Law Journal | Analysis
By Barbara M. Goodstein and Adam C. Wolk | April 3, 2024
'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.
New York Law Journal | Analysis
By Rob Maier | March 26, 2024
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.
By Jane Wester | March 19, 2024
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.
New York Law Journal | Analysis
By Catherine Nyarady and Crystal Parker | January 9, 2024
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'.
By Tal S. Benschar | December 4, 2023
A recent decision of the Trademark Trial and Appeal Board contains several important principles to evaluate abandonment claims.
By Mary Grieco and Andrew Lustigman | December 1, 2023
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.
By Laura J. Winston | October 23, 2023
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.
New York Law Journal | Expert Opinion
By Scott D. Locke | October 5, 2023
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."
By Thomas Spigolon | September 19, 2023
The addition of Jonathan Thomas is part of a growth strategy for the Kilpatrick advertising practice throughout the firm's offices, said New York office managing partner Barry Benjamin.
New York Law Journal | Analysis
By Catherine Nyarady and Crystal Parker | September 12, 2023
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.
Presented by BigVoodoo
The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.
Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!
Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.
Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...
Lower Manhattan firm seeks a premises liability litigator (i.e., depositions, SJ motions, and/or trials) with at least 3-6 years of experien...
Join the Mendocino County District Attorney s Office and work in Mendocino County home to redwoods, vineyards and picturesque coastline. ...
MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS