HOW ANDY WARHOL IS STILL SHAPING AMERICAN COPYRIGHT LAW
In October 2022, the U.S. Supreme Court heard arguments regarding whether pop artist Andy Warhol’s artwork made fair use of a photo of a music legend, Prince, in...more
NON-FUNGIBLE TOKENS AND TRADEMARK INFRINGEMENT: WHERE DOES THE LAW STAND?
In Nike v. StockX, LLC, Nike filed a trademark infringement lawsuit against StockX, LLC, an online resale sneaker retailer, in February 2022 in the...more
In late March, Nike Inc. filed suit claiming trademark infringement and dilution in connection with MSCHF Product Inc.’s marketing of a “Satan Shoe” bearing Nike’s trademark. U.S. District Court Judge Eric R. Komitee for the...more
On December 27, 2020, President Trump signed into law the Consolidated Appropriations Act, 2021 (CAA), which includes the Trademark Modernization Act of 2020 (TMA) amending various sections of the Lanham Act, and the...more
April 27, 2020 Publications by Olivia Levine and Brian Gregg In response to COVID-19 closures, educational institutions have rapidly transitioned to online learning in order to continue to serve their students....more
The COVID-19 pandemic has dramatically changed how the retail end of the food industry (restaurants and grocery) interact with consumers. In most states the restaurant industry has been forced to limit their offerings to...more
April 8, 2020 Publications The federal Food and Drug Administration (“FDA”) released two guidance documents to provide restaurants and food manufacturers with additional flexibility in distributing food during the COVID-19...more
From Supreme Court headlines, to big brand disputes, to the year of cautionary tales, 2019 proved to be another remarkable year for intellectual property law. With so many notable developments in trademark, copyright, and...more
From big name brawls, to new legislation, to the year of inter partes review, 2018 was a hallmark year for intellectual property law. With so many interesting and informative updates, 2018 has set the bar high for 2019. Let’s...more
A taxpayer that is a manufacturer of malt or brewed beverages may submit an application for tax credits against the malt beverage tax imposed under Article XX of the Tax Reform Code for investment in qualified capital...more
If you operate a website or other online service that permits users to post content, listen up. You could be liable for potential copyright infringement if one of your users posts content that infringes a copyright. ...more
In February 2016, a computer hacker sent an e-mail infected with a “ransomware virus” to an employee of the town of Medfield, Massachusetts. When the e-mail was opened, the virus spread throughout the town’s computer network,...more
The Food and Drug Administration (FDA) has extended the compliance date for the final rule requiring disclosure of certain nutrition information for standard menu items in certain restaurants and retail food establishments....more
Both the Senate and House have passed House Bill 1196 and, based on indications from the Governor, he is expected to sign the bill into law. HB 1196 marks another round of sweeping liquor law reforms that will bring...more
The U.S. Food and Drug Administration (FDA) published a Nutrition Facts label “Industry Resources” web page to help businesses comply with the requirements of the final rules, which became effective on July 26, 2016....more
The United Kingdom’s decision to leave the European Union may have far reaching consequences for immigration and trade and it will have an impact on trademark rights as well. For those trademark owners who have sought to...more
On September 27, 2013 California A.B. 370 was signed into law. It becomes effective January 1, 2014. This law amends California's online privacy policy law to require that websites and other online services disclose how they...more
The FDA’s new final rules on gluten-free labeling went into effect on September 4, 2013. Manufacturers have until August 5, 2014 to comply with the FDA’s new rules. Many manufacturers currently label their food with a...more
The craft beer industry is expanding rapidly and it seems a new brewery opens, or an existing brewery expands, almost daily. As a result, craft beer industry trademark disputes are occurring with increased frequency....more
In This Issue:
Employee Tip Pools: Dive In With Caution; Ahhh…Spring; and The Ska/Duclaw Trademark Dispute Over Euphoria, Trademark Lessons for the Craft Brewer
Excerpt from Employee Tip Pools: Dive In With...more