In it’s story about the Booking.com decision, Law360 quotes Allison Strickland Ricketts, who anticipates that, while “generic.com” mark registration is no longer expressly prohibited, it will be challenging to gather sufficient evidence of consumer perception to overcome refusals to register such marks.More
Headlines
Fross Zelnick CLE Webinar Provides Creative & Cost-Saving Strategies for COVID-19 Challenges
Nadine Jacobson, Allison Strickland Ricketts and James Weinberger presented an online CLE entitled COVID Challenges: Tailoring Trademark Strategies and Spend. The program focused on creative strategies aimed at preserving both brand and budget in these uncertain times.More
Craig Mende Moderates Copyright Society Webinar
Craig Mende moderated the Copyright Society of the USA’s New York Chapter webinar titled “20 Years After: How Napster Changed the World of Secondary Liability.” Robin Warren and Jessica Vosgerchian were on the planning committee for the webinar, which addressed the seminal 9th Circuit A&M Records v.More
Fross Zelnick Lawyers Named IP Stars for 2020
For 2020, David Donahue, John Margiotta, Craig Mende, and James Weinberger were named both Trade Mark and Copyright Stars. Lawrence Apolzon, Cara Boyle, Nadine Jacobson,More
Managing IP Quotes David Donahue
Managing IP quoted David Donahue in its article about the U.S. Supreme Court’s recent decision in Romag Fasteners v. Fossil, which held that willfulness infringement is not a prerequisite for profit disgorgement in trademark cases. In the article,More
Articles And Published Works
DISCLAIMER: The articles below are provided as a public service to interested persons and do not create an attorney-client relationship, or revive a concluded attorney-client relationship, between the firm and reader. It is designed to highlight items of current interest and is not intended to be a full review of any subject matter, for which specific legal advice should always be obtained.
Second Circuit Court of Appeals: Visual Artists Rights Act Remains Undefaced in Graffiti Art Ruling
The Second Circuit in February 2020 upheld a $6.75 million statutory damages award against a New York City real estate developer who whitewashed graffiti art on his property. The decision clarifies standards for analyzing cases under the rarely litigated Visual Artists Rights Act (“VARA”),More
Southern District of New York: Embedding Public Instagram Post Does Not Infringe Photographer’s Copyright
Sinclair v. Ziff Davis, LLC and Mashable, Inc., Case No. 18-cv-790-KMW, 2020 WL 1847841 (S.D.N.Y. April 13, 2020)
The United States District Court for the Southern District of New York held on motion to dismiss that embedded use of content that is publicly posted on Instagram by the copyright owner does not give rise to a copyright infringement claim by the copyright owner.More
Federal Circuit: Color Marks on Product Packaging Can Be Inherently Distinctive
In re: Forney Industries, Inc., 955 F.3d 940 (Fed. Cir. 2020)
In a recent decision, the Court of Appeals for the Federal Circuit held that color marks can be inherently distinctive when used on product packaging. More
Supreme Court: Willful Trademark Infringement Not a Prerequisite to Profit Awards
Romag Fasteners, Inc. v. Fossil Inc., 590 U.S. ___ (2020)
The U.S. Supreme Court resolved a longstanding split among the lower appellate (Circuit) courts, holding that a finding of willful trademark infringement is not required for an award of the infringer’s profits to the plaintiff.More
WIPO: Guidance on Prosecuting International Registrations During COVID-19 Pandemic
Trademark owners who use the Madrid System for the international registration of trademarks (or their representatives, collectively “Holders”) face a range of challenges in meeting deadlines and communicating with the World Intellectual Property Organization (“WIPO”) during the COVID-19 pandemic. More
Events
Fross Zelnick CLE Webinar Provides Creative & Cost-Saving Strategies for COVID-19 Challenges
Nadine Jacobson, Allison Strickland Ricketts and James Weinberger presented an online CLE entitled COVID Challenges: Tailoring Trademark Strategies and Spend. The program focused on creative strategies aimed at preserving both brand and budget in these uncertain times.More
Craig Mende Moderates Copyright Society Webinar
Craig Mende moderated the Copyright Society of the USA’s New York Chapter webinar titled “20 Years After: How Napster Changed the World of Secondary Liability.” Robin Warren and Jessica Vosgerchian were on the planning committee for the webinar, which addressed the seminal 9th Circuit A&M Records v.More
David Donahue Participates in PLI Panel
David Donahue participated in PLI’s “Advanced Trademark Law 2020: Current Issues” program, which was presented via live webcast. David’s panel, entitled “Willfulness and Trademark Damages – Romag Fasteners,” discussed the U.S. Supreme Court’s forthcoming decision on the question whether a trademark infringer’s profits may be awarded to a plaintiff without a showing that the infringement was willful.More
Lawyers Attend Copyright Society Meeting in Arizona
Ashford Tucker, Jessica Vosgerchian, and Robin Warren attended the Midwinter Meeting of The Copyright Society of the USA in Phoenix, Arizona, where they gained insights on the latest developments and trends in copyright law.More
CLE: Reviewing 2019’s Big Decisions
As part of Fross Zelnick’s quarterly CLE series, the firm welcomed clients and friends of the firm as James Weinberger and Sean Harb presented a review of 2019’s big trademark and copyright decisions while also previewing a significant decision expected in 2020.More