Intellectual Property


Litigation Trends in Packaging Claims
April 12, 2019 | Health Services | Intellectual Property
Michael Cannata and Frank Misiti authored an article published in Natural Products Insider, “Litigation Trends in Packaging Claims.” Click here to read the article. …
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Registration Now Required Prior to Initiating Copyright Infringement Suit
April 9, 2019 | Nancy A. Del Pizzo | Intellectual Property
Courts at the opposite sides of the country (and some in between) have long differed on how easy it is for a party to file a lawsuit alleging copyright infringement. A March 4, 2019, decision by the United States Supreme Court has standardized the process throughout the nation. In Fourth Estate Public Benefit Corp. v. …
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And She’s Returning The Stairway … to Heaven
October 12, 2018 | Michael C. Cannata | Frank M. Misiti | 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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Gordon, Cannata and Misiti Published in NYIPLA
July 6, 2018 | Stuart I. Gordon | Michael C. Cannata | Frank M. Misiti | 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 | Michael C. Cannata | Frank M. Misiti | 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 | Michael C. Cannata | Frank M. Misiti | 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 USLAW.org. …
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N.J. Employers Seeking IP Rights From Employees Face New Obstacles
February 23, 2018 | Nancy A. Del Pizzo | 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 | Michael C. Cannata | Frank M. Misiti | 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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Minimizing Legal Risks When Using the Word ‘Organic’
July 27, 2017 | Nancy A. Del Pizzo | Intellectual Property
Nancy Del Pizzo’s article, “Minimizing Legal Risks When Using the Word ‘Organic’,” appeared in the July/August issue of Nutrition Industry Executive. The article details the U.S. Department of Agriculture’s requirements for the use of the word “organic” as well as what is considered false and misleading advertising for organic products. To read the article, click …
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SCOTUS: Provision Barring Registration of Disparaging Trademarks Unconstitutional
June 19, 2017 | Michael C. Cannata | Frank M. Misiti | Intellectual Property
It has been a long road for Simon Tam and his bandmates in the rock group “The Slants.”  Back in November 2011, Tam filed a trademark application for THE SLANTS for use in connection with “entertainment in the nature of live performances by a musical band.”  In doing so, Tam hoped to reclaim the otherwise …
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