Intellectual Property

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 | 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 | 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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Litigation Trends in Packaging Claims
April 12, 2019 | Health Services | Intellectual Property

Michael Cannata and Frank Misiti authored an article published in Natural Products Insider, “Litigation Trends in Packaging Claims.”

Click here to read the article.

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Registration Now Required Prior to Initiating Copyright Infringement Suit
April 9, 2019 | Nancy A. Del Pizzo | Intellectual Property

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.

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And She’s Returning The Stairway … to Heaven
October 12, 2018 | Michael C. Cannata | Frank M. Misiti | Intellectual Property

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 ordering

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