NFTs: Are They Securities?

Susan J. Lutzker, Carolyn Wimbly Martin and Sara Etemad-Moghadam

This is the second in a two-part series on the current status of NFTs. The first Insight in the series discusses the evolving, less sensational but more functional approach to the use of NFTs. In part two of the series we explore whether an NFT is a security and, if so, the additional scrutiny and […]

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NFTs: Where Are We Now?

Susan J. Lutzker, Carolyn Wimbly Martin and Sara Etemad-Moghadam

This is the first in a two-part series on the current status of NFTs. The second Insight in the series will discuss the issue of whether NFTs are securities subject U.S. securities laws. In 2021 Art Basel Miami Beach attracted more than 250 international galleries across 36 countries and territories and showcased artworks across all […]

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Native American Mascoting in K-12 Schools

Carolyn Wimbly Martin and Sara Etemad-Moghadam

This is a continuation of our conversation about renaming entities, including educational institutions, public spaces and museums, and holidays like Columbus Day. Native American names, symbols and innuendos have been used in the sports world for more than a century. While many college and professional sports teams have addressed their offensive mascots and sport traditions, there […]

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How to Protect Your Domain Name Using UDRP Proceedings

Jeannette Maurer Carmadella and Sara Etemad-Moghadam

The state of Maryland learned the hard way about the risks of not maintaining domain ownership. In order to appreciate the pickle the state got itself in, it’s necessary to understand the importance of separately protecting trademarks and domain names in order to ensure full brand protection.  Domain Names vs. Trademarks From 2012 to 2016, […]

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Flora-Bama and Floribama: First Amendment Often Outweighs Trademark Concerns in Titles of Artistic Works

The Flora-Bama Lounge, Package and Oyster Bar (the “Lounge”) on the Florida-Alabama border is often rated as one of the best beach bars in the country. Throughout its colorful and storied history it has played host to many athletic and entertainment events. It plays an outsized role in the culture of this part of the […]

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USPTO Files for Trademark Protection of Its Own Name

To combat misleading solicitations and trademark filing scams, the United States Patent and Trademark Office (“USPTO”) recently applied for federal registration of the USPTO trademark and logo design. Third party scams have become a growing problem over the years for the USPTO, as well as for our clients and consumers. It not uncommon for trademark […]

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Hail to the… Washington Football Team?

Jeannette M. Carmadella

The Washington Redskins made a widely-anticipated announcement last week that it was going to officially change its name and logo before the start of the new football season. Surprisingly though, the team did not have a new name selected at the time of the announcement, leaving fans and others to wonder why. Several news reports […]

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