Most people know that patents require absolute novelty, but how is that determined? It’s determined on the basis of “prior art,” that is, patents and other disclosures (journal articles, presentations, websites) that were made prior to the filing date of the patent. In some instances, these dates can be tricky and open to dispute.

On Tuesday, April 23, 2024, the Federal Trade Commission (FTC), issued a final rule designed to promote competition and new business formation that, when effective, will impose a nationwide ban on non-compete agreements across all industries.

Existing non-compete agreements for employees will become unenforceable. Existing non-competes for senior executives can remain in force, but employers

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.

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

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

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,

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

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

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

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