New York Law Journal | Analysis
By Natasha N. Reed | August 27, 2023
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.
New York Law Journal | Analysis
By Michael Schwab | August 27, 2023
This article discusses how the U.S. Supreme Court, in a unanimous decision, vacated a decision by the U.S. Court of Appeals for the Ninth Circuit that in effect barred trademark infringement and dilution claims against the use of a trademark that parodies the plaintiff's trademark.
New York Law Journal | Analysis
By Alan Behr | August 27, 2023
Leave it to the U.S. Supreme Court to create an elegant intercession between Frank Sinatra's favorite whiskey and one of the world's most coveted handbags. In this article, Alan Behr discusses applications of the Rogers test with focus on the Hermès v. Rothschild and Jack Daniel's Properties v. VIP Products cases.
New York Law Journal | Analysis
By Benjamin S. Thompson and Robert X. Moorman | August 27, 2023
This article discusses the Nike v. USAPE case and examines the potential effects and dangers of a wait-and-see approach in trademark enforcement.
By Jane Wester | August 9, 2023
Amazon's attorneys at Davis Wright Tremaine defended the platform's procedures in a filing and argued the requested relief would constitute unconstitutional prior restraint.
By Scott D. Locke | July 14, 2023
In Bertini v. Apple, a case of first impression, the U.S. Court of Appeals for the Federal Circuit recently held that there are strict limits on using the tacking doctrine to take advantage of an earlier use of a mark on different of goods or services.
By Brian Lee | June 20, 2023
Barry M. Benjamin of Kilpatrick Townsend & Stockton in Manhattan filed the claim on behalf of the 173-year-old University of Rochester in U.S. District Court in Rochester.
By ALM Staff | June 20, 2023
This suit was surfaced by Law.com Radar. Read the complaint here.
New York Law Journal | Expert Opinion
By Dyan Finguerra-DuCharme, Megan Noh, and Nicholas Saady | June 2, 2023
A discussion of "Yuga Labs, Inc. v. Ryder Ripps," a recent ruling out of California where the court determined that a controversial NFT project infringed Yuga Labs' trademarks. The decision provides important guidance on how the Lanham Act applies to NFTs and how the First Amendment and Fair Use doctrine may be utilized as defenses in NFT lawsuits.
New York Law Journal | Analysis
By Rob Maier | May 23, 2023
The USPTO recently released proposed rulemaking that would address concerns raised by critics, and which are targeted at increasing predictability in PTAB proceedings.
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