Intellectual Property

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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Supreme Court Hears First-Ever Telephonic Oral Argument
May 4, 2020 | Michael C. Cannata | Frank M. Misiti | 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., 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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Brands Respond to COVID-19
April 3, 2020 | Michael C. Cannata | Frank M. Misiti | 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 | Gregory D. Miller | Michael C. Cannata | Stephen J. Smirti, Jr. | 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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4th and Long: Tom Brady Fumbles Attempt to Trademark TOM TERRIFIC
September 18, 2019 | Michael C. Cannata | Frank M. Misiti | 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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