With the world practicing social distancing and fitness studios and gyms across the country shuttering for the time being, wellness enthusiasts of all varieties—from personal trainers and yoga instructors to boxers, dancers and runners—are taking to the internet to make sure that we stay active, even if we can’t leave...
We are pleased to announce that RPJ Partner Deena R. Merlen, who heads RPJ’s Connecticut practice, has been appointed as 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...
By Larry Brocchini When my college-bound son asked me if the word “THE” could be trademarked, I wondered if my love for IP law had rubbed off on him. Turns out, his curiosity was driven by his passion for sports, not trademarks. Specifically, Ohio State University (an institution my son...
Earlier this month, the United States Patent and Trademark Office (the “PTO”) quietly announced a new rule pertaining to all trademark applicants, registrants, and parties to trademark proceedings whose permanent legal residence or principal place of business is outside the United States. Commencing as of August 3, 2019, when the...
A licensor of copyrighted software is often faced with two potential pathways for a claim that the copyrighted material was misappropriated: (1) a claim under the Copyright Act or (2) a claim for breach of the licensing agreement. A recent decision from the U.S. Court of Appeals for the Second...
Just prior to adjourning for its summer recess, the United States Supreme Court ruled that First Amendment free speech considerations required the United States Patent and Trademark Office (“PTO”) to register the trademark “FUCT.” The “FUCT” case is the second in three years contesting federal trademark registration content restrictions. In...
The U.S. Supreme Court has now ruled that a copyright owner can only file a complaint for copyright infringement after the Copyright Office has registered the work at issue, putting an end to a split among the federal circuit appellate courts on that issue. As I previously reported, while the...
As an update of my reporting concerning the United States Patent and Trademark Office’s controversial policy of seeking to recover attorneys’ fees in connection with district court review of denials of trademark and patent applications, the Supreme Court today granted the petition for certiorari in Iancu v. Nantkwest and agreed...
Recent developments in the copyright infringement lawsuit brought by Alfonso Ribeiro, known for playing Carlton on The Fresh Prince of Bel-Air, against video game maker Epic Games confirm the questions raised in my prior post as to whether Ribeiro could register a copyright in the Carlton dance and bring a...
The recent filing of a federal copyright infringement lawsuit by Alfonso Ribeiro—“Carlton” on The Fresh Prince of Bel-Air and YouTube celebrity, famous for "the Carlton,” his arm-swinging movements to the Tom Jones diddy "It’s Not Unusual"—raises the question of whether and to what extent choreographed dance moves can by copyrighted...