Intellectual Property


SCOTUS: Provision Barring Registration of Disparaging Trademarks Unconstitutional
June 19, 2017 | Michael C. Cannata | Frank M. Misiti | Intellectual Property

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 otherwise

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Del Pizzo Published in Westlaw Journal
May 23, 2017 | Intellectual Property

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.

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The Eagles Refuse to Take It Easy on Alleged Infringer
May 17, 2017 | Intellectual Property

Like The Dude from The Big Lebowski, the “Hotel California,” located on the Baja Peninsula in Mexico, is likely no longer a fan of The Eagles.  Earlier this month, the iconic classic rock band filed suit against the hotel in the U.S. District Court for the Central District of California seeking to take it to

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PacerMonitor quotes Cannata
April 14, 2017 | Intellectual Property

Michael Cannata was interviewed for an article entitled, “Patent Trolls’ East Texas Haven Threatened in Supreme Court,” which discusses the TC Heartland v. Kraft Foods case before the U.S. Supreme Court.

The case raises the question of whether it is appropriate to resolve a patent infringement claim in Marshall, Texas, if a defendant does not maintain

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Del Pizzo Quoted in Westlaw
April 13, 2017 | Intellectual Property

Nancy Del Pizzo provided the following comment in an article published in Westlaw’s Journal of Intellectual Property regarding Mavrix Photographs LLC v. LiveJournal Inc.:

“This decision should put social media companies on notice to, at the very least, closely follow this case on remand and educate its ‘moderators’ on the DMCA, particularly its ‘red flag’ exception.”

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Starbucks Hits the Bong Designer In the Wallet
December 5, 2016 | Intellectual Property

The U.S. District Court for the Central District of California recently granted Starbucks’ motion for a default judgment against James Landgraf, an individual responsible for the design and sale of glass bongs, clothing, and other novelties that infringed certain logos owned by Starbucks. Starbucks Corp. v. Glass, 2016 U.S. Dist. LEXIS 145694 (C.D. Cal. Oct.

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Emerging Case Law Exposes ‘Bot’ Makers To DMCA Absent Copyright Infringement
October 19, 2016 | Intellectual Property

Nancy Del Pizzo has written an article for Westlaw Journal of Intellectual Property entitled, “Emerging Case Law Exposes ‘Bot’ Makers To DMCA Absent Copyright Information,”

Click here to read the article.

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Sixth Circuit’s Decision on Privacy Claims Over Data Breaches
October 18, 2016 | Professional Liability | Complex Torts & Product Liability | Intellectual Property

Data breaches such as the one Yahoo recently revealed (500 million accounts!) get the big headlines. In response, large companies double down on their efforts to protect the security of their data.

But small to midsize businesses often fail to appreciate the risk of a data breach to their own business. They may believe that

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Court Rejects Insured’s Attempt To “Shoe-Horn” Trademark Infringement Claims Under Advertising Injury Provisions
October 13, 2016 | Insurance Coverage | Intellectual Property

The U.S. District Court for the Central District of California recently rejected efforts by an insured to procure coverage for allegations of trademark infringement under its “Personal and Advertising Injury” insurance coverage.  Infinity Micro Computer, Inc., et al. v. Continental Casualty Company, et al., 2016 U.S. Dist. LEXIS 134957 (C.D. Cal. Sept. 29, 2016).

In

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Cybersecurity Rulings Tap Insurance and Standing Issues
August 25, 2016 | Privacy, Data & Cyber Law | Intellectual Property

Nancy Del Pizzo and Gene Kang have published an article entitled, “Cybersecurity Rulings Tap Insurance and Standing Issues,” in the American Bar Association’s Section of Litigation, Intellectual Property, Practice Points section.

To read the article, Click Here.

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