On December 30, 2020, the Oregon Court of Appeals released its first decision interpreting statutory provisions governing prospective Measure 49 claims. The question in Moore v. City of Eugene, 308 Or App 318 (2020) is whether a residential dwelling size restriction
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Senators Send Letter to USPTO Requesting Action to Remedy Gender Gap in Patent Bar
On December 11, 2020, Sens. Mazie K. Hirono, D-Hawaii, Thom Tillis, R-N.C., and Christopher Coons, D-Del. sent a letter to Andrei Iancu, Under Secretary of Commerce for Intellectual Property & Director the United States Patent and Trademark Office (USPTO), regarding…
Ninth Circuit Rejects Fair Use Defense in Seuss/Star Trek “Mash-Up” Case; Netflix Settles Sherlock Holmes Case
Big doings in copyright law the week before Christmas! The Congressional approval of a new federal statute providing low-cost, accelerated adjudication of low-value copyright disputes and criminalizing infringing streaming activities will be the subject of a future blog article. Meanwhile,…
More COVID Relief in Sight as Congress Amends the Paycheck Protection Program
The “Consolidated Appropriations Act, 2021” (CAA), which includes provisions designed to mitigate the ongoing economic fallout of COVID-19, became law on December 27, 2020. While most of the public’s attention is on other of the CAA ’s benefits —like direct…
New York Takes the Stage with New Publicity Right Law
Back in 1903, New York State adopted what was arguably the first right of publicity law in the United States. It came about as a legislative reaction to the now landmark 1902 case of Roberson v. Rochester Folding Box Co.,…
Oregon Governor Issues Executive Order Related to Foreclosure Moratorium
On December 17, 2020, Governor Kate Brown issued an executive order related to Oregon’s foreclosure moratorium (HB 4204). Under Executive Order 20-67 (EO 20-67), Governor Brown determined that a state of emergency continues to exists in the State of Oregon…
The U.S. Patent Office Supports the Battle Against COVID-19
During the first few months of the COVID-19 pandemic, the United States Patent & Trademark Office (USPTO) made multiple efforts to assist patent applicants that were affected by the pandemic (see our previous blog coverage here). Now, as…
Are Policyholder Wins + New Closure Orders “Game Changers” for NW Business Income Insurance Claims?
The last few weeks have seen both ups and downs for companies that are pursuing business income claims. On the upside, two Washington state courts have now held in favor of policyholders, ruling that government shutdown orders can constitute “physical…
U.S. Patent and Trademark Office Issues New Examination Guidelines in view of Booking.com
In the recent Booking.com case (see the IP Law Trends article here discussing that case), the U.S. Supreme Court held that a trademark consisting of the combination of a generic term and a generic top-level domain, like “.com,” is not…
ASA Webinar: How the 2020 Election Could Affect the Construction Industry
The American Subcontractors Association of Washington will be presenting a free webinar, titled “How the 2020 Election Could Affect the Construction Industry,” on Thursday, December 10, 2020. The webinar is being hosted by Miller Nash Graham & Dunn, and it…