Intellectual Property

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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U.S. Supreme Court Rules that “FUCT®” Is Fine
June 28, 2019 | Michael C. Cannata | Nancy A. Del Pizzo | Frank M. Misiti | Intellectual Property

Maybe you feel that the title to this bulletin is “immoral” or “scandalous,” or maybe you don’t.  Either way, in light of the U.S. Supreme Court’s recent decision in Iancu v. Brunetti, whether a word or term is “immoral” or “scandalous” is no longer relevant to whether that word or term can receive federal trademark

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Mission Complete: Supreme Court Rules In Favor Of Trademark Licensees
May 20, 2019 | Michael C. Cannata | Frank M. Misiti | Stuart I. Gordon | Stephen J. Smirti, Jr. | Intellectual Property

Trademark licensees no longer need to fear the possibility of losing the right to use their licensed marks if the licensor files for bankruptcy. On May 20, the United States Supreme Court issued its decision in Mission Product Holdings, Inc. v. Tempnology, LLC nka Old Cold LLC, 587 U.S. __ (2019), holding that a licensor’s

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