Recent Publications - Intellectual Property

Del Pizzo Writes in ‘The Computer & Internet Lawyer’
December 17, 2018 | Privacy, Data & Cyber Law
Nancy Del Pizzo published an article in The Computer & Internet Lawyer entitled “Are Your Clients’ Web Sites Accessible?” It discusses how businesses’ online presence may leave company owners open to litigation due to a lack of accessibility by the disabled. It relates how the Americans with Disabilities Act prohibits discrimination at “places of public accommodation,” and …
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Justice Department Updates Best Practices for Cybersecurity
October 31, 2018 | Privacy, Data & Cyber Law
In September, the U.S. Department of Justice’s Cybersecurity Unit, Computer Crime & Intellectual Property Section updated its Best Practices for Victim Response and Reporting of Cyber Incidents. The updated guidance (which is not intended to have any regulatory effect) emphasizes the importance of planning a response before a data breach, ransomware threat or other cyber …
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And She’s Returning The Stairway … to Heaven
October 12, 2018 | Intellectual Property
While there may be a no-return policy on the stairway to heaven, no such policy exists with respect to returning a blockbuster jury verdict that dismissed a copyright infringement lawsuit against Led Zeppelin. To be sure, the U.S. Court of Appeals for the Ninth Circuit recently held that a new day will dawn by ordering …
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Del Pizzo Co-Edits and Publishes In August 2018 NJ Lawyer Magazine
July 30, 2018 | Privacy, Data & Cyber Law
In addition to sharing the co-special editor role for the August 2018 issue of New Jersey Lawyer magazine, which focuses on “Diversity,” Nancy Del Pizzo also received publication credit for her article directed to New Jersey lawyers, “Navigating the Internet for the Visually Disabled.” New Jersey Lawyer magazine is a publication of the New Jersey …
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Website Accessibility: Lawsuit Avoidance and a Potential New Source of Customers
July 24, 2018 | Privacy, Data & Cyber Law
Nancy Del Pizzo’s article, “Website Accessibility: Lawsuit Avoidance and a Potential New Source of Customers” was published in Nutrition Industry Executive. Click here to read full article. …
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Gordon, Cannata and Misiti Published in NYIPLA
July 6, 2018 | Intellectual Property
Stu Gordon, Michael Cannata and Frank Misiti’s article, “Dealer’s Choice: First Circuit Allows Licensor to Reject Trademark License in Bankruptcy,” was published in The New York Intellectual Property Law Association’s spring newsletter. Click here to read the article. …
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Driving Miss Lohan? Not According to the New York Court of Appeals
April 19, 2018 | Intellectual Property
Lindsay Lohan was not pleased with the alleged use of her likeness by Rockstar Games as an avatar in its Grand Theft Auto V video game. In her lawsuit against the game company, Lohan claimed that: (1) an avatar named “Lacey Jonas” that appears in the video game so resembled her that the avatar qualified …
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Parental Advisory®? The Future of Trademark Registrations Post Tam
March 22, 2018 | Intellectual Property
Michael C. Cannata and Frank M. Misiti have published an article in USLAW Magazine entitled,” Parental Advisory®? The Future of Trademark Registrations Post Tam.” Click here to read the article. All rights reserved. Reprinted with permission from …
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N.J. Employers Seeking IP Rights From Employees Face New Obstacles
February 23, 2018 | Intellectual Property
Effective April 1, 2018, employers in New Jersey will no longer be able to use an employment contract to obtain rights to an employee’s inventions. Exceptions included in the legislation are whether the inventions (a) relate “to the employer’s business or actual or demonstrably anticipated research or development,” or (b) result “from any work performed …
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The Ties That Bind: Second Circuit Rejects Trade Dress for Plastic Bag Closures
December 18, 2017 | Intellectual Property
Businesses must give careful consideration to ensuring that their trade dress is not functional.  A determination of functionality is fatal to any claim that a product contains a protectable trade dress.  In Schutte Bagclosures, Inc. v. Kwik Lok Corp., 699 F. Appx. 93 (2d Cir. 2017), the Second Circuit recently underscored the importance of functionality …
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