Intellectual Property

Cannata, Misiti and Haque Publish Article in Fall 2023 USLAW Magazine
November 28, 2023 | Michael C. Cannata | Frank M. Misiti | Intellectual Property

Michael Cannata, Frank Misiti and Mohammed Haque published the article, “Just How Long is the Long Arm of the Law? The Supreme Court Takes on the Extraterritorial Application of the Lanham Act,” in the Fall 2023 issue of USLAW Magazine.

Click here to read the article.

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Shapiro and Ullman Write for Nutrition Industry Executive on Counterfeiting
August 2, 2023 | Steven Shapiro | Marc S. Ullman | Compliance, Investigations & White Collar | Intellectual Property

Steven Shapiro and Marc Ullman wrote the article, “What Dietary Supplement Companies Can Do to Address Potential Counterfeiting of Their Products,” for the August 2023 issue of Nutrition Industry Executive.

The article explains how counterfeit products are going mainstream by moving to legitimate websites. It details how two dietary supplement companies determined that a fraudsters were

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Vitamin Retailer Publishes Ullman’s Article on Counterfeit Dietary Supplements
| Marc S. Ullman | Compliance, Investigations & White Collar | Intellectual Property

In its August 2023 issue, Vitamin Retailer published Marc Ullman’s article, “Counterfeiting Headaches Aren’t Just for High Fashion Retailers and Designers Anymore.”

The article explains how counterfeiters have entered the dietary supplements market and how their products have been able to proliferate. It also offers some advice on how consumers and retailers alike can protect themselves

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VIP Products: Not As Smooth As Tennessee Whiskey
June 9, 2023 | Michael C. Cannata | Frank M. Misiti | Intellectual Property

The party is on in Lynchburg, Tennessee this weekend. In a unanimous decision authored by Justice Kagan, the Supreme Court held that the threshold First Amendment protections afforded by the “Rogers Test” do not apply where an alleged infringer uses a mark as a designation of source for the infringer’s own goods. In doing so,

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Del Pizzo Featured in NFT Podcast Discussion
January 12, 2023 | Intellectual Property

The New York Intellectual Property Association’s Copyright Committee published a podcast by members Nancy Del Pizzo of Rivkin Radler and Mendel Epstein of Wilson Elser. The podcast is a discussion about non fungible tokens (“NFTs”) and potential copyright issues associated with NFTs.

Nancy and Mendel discuss an array of digital assets such as art, music

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A (Potential) Hog Wild Trademark Dispute
December 28, 2022 | Michael C. Cannata | Frank M. Misiti | Intellectual Property

The phrase “waiting all day for Sunday night” is usually associated with football. But this Sunday, it may be associated with something entirely different — a potential trademark dispute.

After years of fighting over its previous name, the Washington Commanders are no strangers to trademark disputes. But this potential dispute is a little different. According

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When ‘Visibility’ on the Internet Does Not Implicate the ‘Display’ Right
October 3, 2022 | Intellectual Property

Courts are split on whether it is copyright infringement to link to or “embed” a post from a social media site intended for sharing posts, when the post (and all of its content) remains on the original server. Does the location of the server matter? Does a new copyright claim accrue anew each day an

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Student-Athlete Sponsorship Deals in 2022…What Businesses Should Know
March 17, 2022 | Intellectual Property

Since the National Collegiate Athletic Association (NCAA) adopted its Interim Name, Image, and Likeness (NIL) Policy in June 2021, which allows college athletes to receive NIL-based compensation, businesses and athletes alike have capitalized on the new rules by entering into varied sponsorship deals. These collaborations between businesses and athletes have ranged from multimillion-dollar endorsement deals

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iPhone To OurPhone: Apple Update Allows Users To Create A “Legacy Contact”
December 23, 2021 | Wendy Hoey Sheinberg | Michael C. Cannata | Frank M. Misiti | Trusts & Estates | Intellectual Property

Today, much of our lives are documented through digital devices and assets, instead of, for example, through things such as traditional family photo albums.  But while photo albums are easily passed on after death, passing along digital assets present additional challenges.  Expectedly, there are laws which address the ownership of digital assets.  That said, despite

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The Notorious RBG Spits Fire: BOOKING.COM Is Not Generic
July 1, 2020 | Michael C. Cannata | Frank M. Misiti | 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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