By Gregory Feit When a plaintiff wins a trademark infringement case against a corporation under the Lanham Act, can it seek the disgorgement of profits from a corporate affiliate that was not named as a defendant in the suit? In its February 26, 2025 decision in Dewberry Group, Inc. v....
by Deena R. Melen The United States Patent and Trademark Office (the “PTO”) has announced changes to the fees charged in connection with trademark registration. This includes increases to many existing fees and the introduction of certain new fees. The PTO is introducing new fees for applications that are incomplete...
In a recent article for Success.com, RPJ’s Nafsika Karavida explores the escalating trademark dispute between WordPress founder Matt Mullenweg and hosting provider WP Engine. She provides valuable insight into the legal complexities of the case and the potential impact on businesses that depend on the open-source CMS. The article describes...
By Gregory P. Feit Last month, in 1-800 Contacts, Inc. v. JAND, Inc., DBA Warby Parker, the United States Court of Appeals for the Second Circuit addressed whether purchasing a competitor’s trademarks in the context of keyword search advertising amounts to trademark infringement. Adopting what it termed the “consensus view,”...
By Nafsika Karavida Intellectual property (IP) is often a company’s most valuable asset. Whether it is an invention or a creative work, the law generally considers the person who made it the owner – and in the workplace context, many times that person is an employee. Without a written agreement,...
By Ethan Krasnoo Music is having a profound moment of revolution. Gone are the days where Mp3s and CDs defined the industry. Today, artificial intelligence can compose and perform songs tailored to your chosen style and subject matter. Recently, I explored this myself on Suno.com, where I requested AI generated...
By Deena R. Merlen In today’s digital age, the question of whether we can trust what we see or hear has become increasingly complex. As generative artificial intelligence (“AI”) technologies advance, distinguishing between reality and AI-generated fakes is more challenging than ever. This controversy touches various aspects of our lives,...
By Daniel Jason Ain and Ariana Zhao Tensions between creators and artificial intelligence (“AI”) companies continue to run high, fueling ongoing litigation.[1] In the latest win for creators, a class of visual artists survived a motion to dismiss their copyright infringement claims.[2] Last year, our colleagues wrote about the copyright...
We are pleased to announce that RPJ Associate Nafsika Karavida is joining RPJ Partner Deena R. Merlen as Co-Chair of the Connecticut Chapter of the Licensing Executives Society (LES) of the USA and Canada, an independent professional organization that facilitates global intellectual property commerce through education, networking, standards development and certification. Founded over...
Last month, the U.S. Copyright Office (the “Copyright Office”) proposed new rules that would make it easier to obtain copyright registration for frequently updated news websites. The Copyright Office invites comments on the proposal which must be in writing and received by the Copyright Office by February 20, 2024.[1] Background...