Recent Publications - Intellectual Property


Del Pizzo Published in New Jersey Lawyer Magazine
August 21, 2020 | Commercial Litigation

Nancy Del Pizzo’s articles, “Judges take notice of gender neutrality in legal writing” and “The Thoughtful Lawyer is a Better Writer,” were published in the Writer’s Corner of the New Jersey Lawyer magazine in February and August 2020, respectively.

Click here to read the February article.

Click here to read the August article.

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The Notorious RBG Spits Fire: BOOKING.COM Is Not Generic
July 1, 2020 | Intellectual Property

As is often the case, technology develops faster than the law. In that connection, courts are often called upon to apply legislation from yesteryear to technology which, at the time the legislation was passed, would have been categorized as science fiction. Such was the conundrum faced by the Supreme Court in having to apply the

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Supreme Court Hears First-Ever Telephonic Oral Argument
May 4, 2020 | Intellectual Property

On May 4, 2020, the United States Supreme Court heard its first ever telephonic oral argument in its history. The case, styled United States Patent and Trademark Office v. Booking.com, B.V., addressed the issue of whether the addition of “.com” to an otherwise generic term can create a protectable trademark. Erica Ross, an Assistant to

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Proposed COVID-19 Bills Targeting Insurers: Do They Pass Constitutional Muster?
April 15, 2020 | Insurance Coverage

“While emergency does not create power, emergency may furnish the occasion for the exercise of power.”

~ U.S. Supreme Court Chief Justice Charles E. Hughes (1934)

COVID-19 has transformed the health and economy of our nation. Expectedly, the legislative response to this national emergency, at both the state and federal levels,

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Updated ESD Guidance Says Attorneys May Be Considered Essential
April 14, 2020 | Professional Liability

Several weeks into the coronavirus pandemic, New York businesses remain subject to the provisions of Executive Order No. 202.8, which required all employers to reduce their in-person workforces at any work locations by 100% starting on March 22. An exception to this restriction applies to “Any essential business or entity providing essential services or functions,”

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Brands Respond to COVID-19
April 3, 2020 | Intellectual Property

Many years ago, Mr. Rogers bestowed upon his audience some sage advice given to him by his mother after he would see scary things in the news. His mother told him “look for the helpers. You will always find people who are helping.” In these challenging times, certain brands have done precisely that – helped.

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Behold the Prior Art: A (Patentable) Solution to the COVID-19 Pandemic?
March 31, 2020 | Intellectual Property

In his (perhaps, what will one day be a) seminal report on the results of a clinical trial, Dr. Didier Raoult and colleagues reported that after six days of administering hydroxychloroquine combined with azithromycin, 100% of patients infected with COVID-19 were “virologicaly cured,” compared with 57.1% who were treated with hydroxychloroquine only. In the control

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Coronavirus Update – Workforce Reduction and Litigation Impacts
March 23, 2020 | Professional Liability

In recent days, the State of New York has instituted a number of emergency measures affecting business professionals.

All employers in New York State providing non-essential services have been directed to reduce their in-person workforce by 100% no later than March 22 at 8 p.m. This order will likely require many business professionals to transition

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Professional Liability Bulletin – Coronavirus Edition
March 17, 2020 | Professional Liability

The coronavirus pandemic is creating challenges for all sectors of the economy, including for various business professionals. While some steps have been taken to mitigate immediate concerns, professionals must remain aware of their obligations and be mindful of potential pitfalls in this uncertain environment.

For example, the legal profession, which typically relies on in-person appearances,

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4th and Long: Tom Brady Fumbles Attempt to Trademark TOM TERRIFIC
September 18, 2019 | Intellectual Property

There are many men named Tom. But only one of those Toms is “terrific” – Tom Seaver. The 12-time All-Star, three-time Cy Young Award winner and first-ballot Hall of Famer’s iconic performance in Game four of the 1969 World Series forever changed the course of the New York Mets franchise and, undoubtedly, played a pivotal

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