April 9, 2019 | Nancy A. Del Pizzo |
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.Read More
October 12, 2018 | Michael C. Cannata | Frank M. Misiti |
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 orderingRead More
July 6, 2018 | Stuart I. Gordon | Michael C. Cannata | Frank M. Misiti |
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.Read More
April 19, 2018 | Michael C. Cannata | Frank M. Misiti |
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 qualifiedRead More
March 22, 2018 | Michael C. Cannata | Frank M. Misiti |
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.Read More
February 23, 2018 | Nancy A. Del Pizzo |
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 performedRead More
December 18, 2017 | Michael C. Cannata | Frank M. Misiti |
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 functionalityRead More
July 27, 2017 | Nancy A. Del Pizzo |
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, clickRead More
June 19, 2017 | Michael C. Cannata | Frank M. Misiti |
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 otherwiseRead More
May 23, 2017 |
Nancy A. Del Pizzo published her article, “Using Open Source Code for Development of ‘Proprietary’ Software,” in the May 10, 2017, issue of Westlaw Journal, Intellectual Property, Litigation News and Analysis.
To read the article, Click Here.Read More
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