By Jonathan H. Spadt & Christopher H. Blaszkowski The FTC’s proposed blanket ban on non-compete provisions will likely take effect in 2023. There is still time to plan for the profound implications of this rule and to ensure that your company’s patentable inventions, trade secrets, and other proprietary information remain as secure as possible. 1. […]
By John W. McGlynn & Shayne D. Rasay The case is Hermès International, et al. v. Mason Rothschild, 1:22-cv-00384 (SDNY). Hermès International SA (“Hermès”), a French luxury design house, won a trademark infringement lawsuit against digital artist Mason Rothschild, whose sale of the “MetaBirkin” nonfungible tokens (NFTs) violated Hermès’ intellectual property rights to the “Birkin” […]
by Brett J. Rosen SPOILER ALERT: For several reasons, the answer is a resounding no. At least not yet. I recently began seeing more and more references to “ChatGPT” in my Linkedin feed. Curiosity got the better of me, so I checked it out. For those unfamiliar with ChatGPT, it is a free computer program […]
by John W. McGlynn As part of the Trademark Modernization Act of 2020, two new United States Patent & Trademark Office (USPTO) ex parte proceedings to cancel registered marks become available on December 18, 2021: expungement and reexamination. The new proceedings, which consider non-use of registered marks, are intended to provide faster, less expensive alternatives […]
by Rex A. Donnelly Fall is in the air, and that means the October 2021 opening session of the Supreme Court is right around the corner. Once again, the Court has an Intellectual Property case on its docket — specifically, a copyright matter. Unicolors, Inc. v. H&M Hennes & Mauritz, LP (Supreme Court Docket #20-915) […]
by Brett J. Rosen A global software company recently agreed to pay combined penalties of more than $8 million as part of a global resolution with the U.S. Department of Justice (DOJ) resulting from its export control violations. Beginning in 2010 and continuing through 2017, the software company, without an export license, either exported or […]
By Jonathan H. Spadt & Andrew J. Koopman This month, the Biden administration announced its support for a waiver of intellectual property (IP) protections relating to the production of COVID-19 vaccines. Few would take issue with the purported goal of such a waiver—speeding access to these life-saving vaccines in nations still deep in the throes […]
by Jonathan H. Spadt & Christopher H. Blaszkowski On April 9, 2021, Senator Thom Tillis (R-NC), the Honorable Paul Michel, and the Honorable Andrei Iancu submitted a joint amicus brief in Samsung’s appeal of Judge Gilstrap’s anti-interference injunction. Without taking a position on the exact nature of the injunction required, the brief argued in favor […]
by Glenn E.J. Murphy Both Forbes and the New York Times report that about twenty percent of new businesses formed in 2021 will fail within their first year of existence, about thirty percent within two years, about fifty percent within five years, and about seventy percent will fail by their tenth year. But even those […]
by Jonathan H. Spadt & Christopher H. Blaszkowski Not long ago, legal work on standard essential patents (“SEPs”) was largely limited to the telecommunications industry. With the expansion of communication software and protocols into nearly every industry today, however, having knowledge of the issues relevant to SEPs and the associated obligations of SEP holders to […]
