Trademark Owners: Beware of Scams

As IP lawyers we frequently receive emails from our clients asking us if official-looking unsolicited correspondence they have received about upcoming trademark deadlines is legitimate. These scam solicitations attempt to get the owner to pay a fee for services not needed or to pay inflated fees to maintain their trademark registration. There are many varieties […]

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A Cybersecurity Guide: Who Do You Call in the U.S. Government?

Carolyn Wimbly Martin and Robert Piper

With an exponential rise in ransomware attacks each year and the personal data of more Americans available for sale on the dark web, ensuring that your company has implemented effective cybersecurity protocols has never been more important. Multiple federal agencies have worked to create and publish cybersecurity resources aimed at the general public. These resources […]

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NCAA Rule Change Paves the Way for Student Athlete Endorsement Deals

On January 22, 2022, the NCAA is expected to formally adopt changes to its constitution which were initially approved on June 30, 2021. At that time, the NCAA agreed to allow college athletes to profit from their likeness for the first time in history. The decision came after pressure from impending state laws and years […]

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Are States Totally Immune from Copyright Infringement Suits?

For the most part, state institutions have procedures in place that ensure the legal and respectful use of copyrighted materials, including guidelines when questions arise, such as the limits of fair use or the conditions of the TEACH Act. However, an August 2021 report of the U.S. Copyright Office entitled Copyright and State Sovereign Immunity (the […]

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Apple’s Rollouts of iOS 14.5 and iOS 15 Impact Marketers, App Developers and Small Businesses

Carolyn Wimbly Martin and Margaret Horstman

In April 2020, Apple rolled out an update for its iOS operating system that included new privacy measures (“App Tracking Transparency” or “ATT”) to limit advertisers’ tracking of iPhone users. iPhone users were relieved by their newfound control over which, if any, of their information is tracked. However, this feature has the potential to harm […]

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American Music Fairness Act: Implications for Musicians and Radio Stations

Ethan Barr

When the pandemic upended the music industry, musicians live-streamed on services like Instagram Live, Zoom and Twitch to recoup lost concert revenue. They pivoted from fully equipped record label studios to furnishing their own in-home recording studios. Revenue from studio-recorded music also did not appear to suffer, given the ubiquity of streaming services and other […]

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Fall 2021 Survey of Copyright, Trademark and Privacy Cases of Note Across the Federal Courts

Carolyn Wimbly Martin and Margaret Horstman

On November 8, 2021, the Supreme Court heard oral arguments in the case Unicolors Inc. v. H&M Hennes & Mauritz LP, 2021 U.S. Dist. LEXIS 160223 (Aug. 20, 2021). The Justices were critical of Unicolors due to the company’s inconsistent arguments in its brief and petition for certiorari. Unicolors’ brief addressed what knowledge of application […]

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Supreme Court to Clarify Copyright Act Knowledge and Publication Standards: Unicolors, Inc. v. H&M Hennes & Mauritz, LP

Carolyn Wimbly Martin and Margaret Horstman

On November 8, 2021, the United States Supreme Court will hear a case to determine the scope of 17 U.S.C. §411, which prevents the filing of a lawsuit for copyright infringement without a valid copyright. The Court will also consider the meaning of the Copyright Act’s publication standard, deciding whether separate sales constitute separate publications. […]

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New Proposed Rule for CASE Act

This post is an update. Read the original post here. In August we wrote about the Copyright Alternative in Small-Claims Enforcement Act of 2020 (the “CASE Act”) and the initial steps taken by the Copyright Office to develop procedures for the new Copyright Claims Board (“CCB”), as well as open questions surrounding its constitutionality and feasibility. The Copyright […]

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Marvel Lawsuits: Is It Time for a Review of Copyright Termination Rights and the Work for Hire Test?

A more technical version of this Insight, geared to practitioners, was published by Law360. On Friday, September 24, 2021, the comic book publisher Marvel initiated five lawsuits in federal courts, attempting to invalidate copyright termination notices sent by a former writer and the estates of several former artists. The copyrights in question included some of […]

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