New York Law Journal | Analysis
By Scott Graham | July 20, 2022
Pryor Cashman attorneys have filed a tour de force of a complaint, but Meta Platforms' apparent claim that its business doesn't overlap with METAx's might have some substance.
By Jane Wester | July 19, 2022
Pryor Cashman partner Dyan Finguerra-DuCharme represents the plaintiff, METAx LLC, which was founded in 2010 and has hosted "experiential and immersive experiences" involving virtual and augmented reality at major festivals including Coachella and South by Southwest.
New York Law Journal | Analysis
By Stephen M. Kramarsky and John Millson | July 18, 2022
It is now clear that keyword advertising can, in some cases, constitute trademark infringement. But under what circumstances? 1-800 Contacts once again finds itself on the losing end of that question in a recent case from the Southern District of New York that examines customer confusion and the developing law around the protection of digital intellectual property.
New York Law Journal | Analysis
By Gregory Baker, Anne-Laure Alléhaut and Catherine J. Djang | June 14, 2022
In Part 1 of this series, the authors provided an overview of non-fungible tokens (NFTs), including what they are, whether they constitute securities under federal law, and related regulatory implications. Here, they address another key legal dimension of NFTs: intellectual property protections.
By Scott Graham | May 19, 2022
The "Rogers v. Grimaldi" test for balancing artistic expression against trademark protection applies, even in the world of NFTs. But that wasn't enough to stop Hermes' suit against Mason Rothschild from proceeding.
New York Law Journal | Analysis
By Alison Stein, Remi Jaffre and Andrew Elliott | May 13, 2022
Despite the 'Hermès' and 'Nike' cases' superficial similarity, the two cases raise fundamentally different questions within trademark doctrine.
New York Law Journal | Analysis
By Ben Thompson and Robert Moorman | April 22, 2022
Trademark coexistence may become a necessary consideration for all trademark holders and opposers as the commercial market for trademarks continues to grow exponentially.
National Law Journal | Profile
By Christine Schiffner | April 20, 2022
Pat Hatry is looking back at her seven-decade career in Davis & Gilbert's advertising, intellectual property and litigation practices—and the ways things have changed for women lawyers in that time.
By Kristin B. Kosinski | March 25, 2022
Use of trademarks in the metaverse can be an untapped resource to garner profit and expand the universe of consumers; however, the new format carries risks and opportunities for unauthorized third parties to try to profit off well-known names or diminish the value of a brand.
New York Law Journal | Analysis
By Eric Alan Stone and Catherine Nyarady | March 8, 2022
The Federal Circuit will decide a case that could affect the ability of foreign trademark owners to block others from registering the same marks in the United States and may create a circuit split. Eric Alan Stone and Catherine Nyarady report on the case in this edition of their Intellectual Property Litigation column.
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