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.,
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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…
U.S. Patent and Trademark Office Issues New Examination Guidelines in view of Booking.com
By Sean O'Brien
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…
Ninth Circuit Reaffirms Copyright Estoppel Doctrine
By Bob Cumbow
Jersey Boys, the hit musical based on the meteoric career of the rock group The Four Seasons, was the target of a lawsuit brought in 2007 by Donna Corbello, widow of Rex Woodard, who ghost-wrote a biography of Tommy DeVito,…
Trademark Infringement Risk for U.S. Goods Manufactured Abroad
By Sean O'Brien
Given the favorable environment in China and in some other foreign countries, many U.S.-based companies elect to have products manufactured abroad for eventual sale in the United States. If, however, the products are branded with a trademark during the manufacturing…
Cross-Border Data Transfers Just Became More Complicated: EU Court of Justice Strikes Down EU-U.S. Privacy Shield
In an action with major ramifications for data transfers from the European Union (EU) to the United States (U.S.) the Court of Justice of the European Union (CJEU) on July 16 invalidated the EU-U.S. Privacy Shield framework (Privacy Shield), which…
NCAA’s Name, Image and Likeness Modernization Presses Forward
On June 12, Florida Governor Ron DeSantis signed a name, image and likeness (“NIL”) bill into law, moving up the deadline for the NCAA to complete ongoing efforts to modernize its NIL rules. Unlike California’s Fair Pay to Play Act…
California Is at It Again: The California Privacy Rights Act Makes November Ballot
The Californians for Consumer Privacy group is continuing to push for increased rights regarding consumer data through the California Privacy Rights Act (CPRA), a measure that would expand the rights granted under the existing California Consumer Privacy Act (CCPA), which…
Supreme Court Expands Rights to Register Domain Names as Trademarks
The United States Supreme Court issued a decision on June 30, 2020, holding that “Booking.com” can be registered as a trademark. The decision, United States Patent and Trademark Office, et al, vs. Booking.com B. V., reverses longstanding Trademark Office…
Miller Nash Prevails at United States Supreme Court
By Brian Esler
Two brothers in India formed a partnership to carry on the family business. Their partnership agreement contained a clause requiring the brothers to resolve all disputes “of any type whatsoever in respect of the partnership” by arbitration in India. Later,…