On Monday the United States Supreme Court addressed a case of piracy about pirates. In a unanimous decision in Allen v. Cooper, the Supreme Court ruled that states have sovereign immunity against copyright infringement claims, based on both Court precedent and the language of the Copyright Remedy Clarification Act of 1990 (CRCA). The case
Intellectual Property
New USPTO rule requires U.S.- licensed attorneys
By William W. Stroever & Nicole Indelicato on
Posted in Intellectual Property, Trademarks
Beginning August 3, 2019, all foreign-domiciled trademark applicants, registrants and parties to Trademark Trial and Appeal Board (TTAB) proceedings must be represented by an attorney who is licensed to practice in the United States, according to the final rule recently issued by the United States Patent and Trademark Office (USPTO). This means that all new…
Peloton Strikes Back at Music Publishers
By William W. Stroever on
In March, news broke that stationary bike maker Peloton Interactive had been slapped with a copyright infringement lawsuit seeking more than $150 million in damages (Downtown Music Publishing LLC, et al. v. Peloton Interactive, Inc., Case No. 1:19-cv-02426 (S.D.N.Y.). The lawsuit, filed by ten music publishers, claimed that “more than 1,000 musical works”…
Scandalous as…
By William W. Stroever on
Fuct, a L.A. based clothing brand will be infront of the U.S. Supreme later this month. In the past, the United States Patent and Trademark Office (“USPTO”) has prohibited registration of marks that constitute immoral or scandalous matter, as well as marks that are disparaging. In 2017, the Supreme Court famously overturned the USPTO’s ban…
Blockchains & Intellectual Property for Startups
By Joseph B. Doll on
The value of technology-driven startup companies is often heavily dependent on a company’s ownership of intellectual property and the value associated with that intellectual property. Blockchains can serve an important role in proving ownership, usage, and ultimately the value of intellectual property.
Blockchains are a revolutionary technology that use a distributed network of computers (nodes)…