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New Requirement for Foreign Trademark Applicants, Registrants and Parties to TTAB Proceedings
Earlier this month, the United States Patent and Trademark Office (the “PTO”) quietly announced a new rule pertaining to all…
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Second Circuit Case Underscores Limitations on Licensing Claims Involving Copyrighted Software
A licensor of copyrighted software is often faced with two potential pathways for a claim that the copyrighted material was…
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IP Litigator Larry Brocchini discusses Supreme Court Decision Holding that First Amendment Protects “F-Word” and other “Immoral” or “Scandalous” Trademarks
Just prior to adjourning for its summer recess, the United States Supreme Court ruled that First Amendment free speech considerations…
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Supreme Court Decides Copyright “Registration/Application” Split by Requiring Actual Registration
The U.S. Supreme Court has now ruled that a copyright owner can only file a complaint for copyright infringement after…
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UPDATE: Supreme Court Agrees to Determine Legality of PTO’s Recovery of Attorneys’ Fees in Review of Denials of Applications
As an update of my reporting concerning the United States Patent and Trademark Office’s controversial policy of seeking to recover…
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Intellectual Property Update: As Predicted, Copyright Office Denies the “Carlton” Copyright Registration and Raises Ownership Questions
Recent developments in the copyright infringement lawsuit brought by Alfonso Ribeiro, known for playing Carlton on The Fresh Prince of…
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Can I Copyright My Funky Dance Moves? Ask Intellectual Property Attorney Larry Brocchini
The recent filing of a federal copyright infringement lawsuit by Alfonso Ribeiro—“Carlton” on The Fresh Prince of Bel-Air and YouTube…
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Intellectual Property Update: Supreme Court Agrees to Review Appellate Decision Striking Down the Federal Trademark Law’s Ban on Registration of “Immoral” or “Scandalous” Trademarks
As I reported previously, following the Supreme Court’s landmark ruling that the Lanham Act’s statutory bar to registration of “disparaging”…
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UPDATE: PTO Director Seeks Supreme Court Review of Federal Circuit Decision Denying PTO Recovery of Attorneys’ Fees
As an update of my report from last month on the circuit split on the issue of the recovery of…
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December 2018 New York Entertainment and Media Legal Highlights Concerning Reposting Instagram Photographs, Reselling of MP3s, and Defamation Claims Based on Movie Characters
As summarized below, in December 2018 the New York Federal courts handed down three significant opinions relevant to entertainment and…
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