Fall 2021

NYIPLA The Report 


NYIPLA President's Corner

By: Robert Isackson 
This issue coincides w ith the end of 2021, and it's traditional to reflect back on how the year went and look forward
to what is yet to come. For NYIPLA, the big look for ward is to the 100th Dinner in Honor of the Federal Judiciary, scheduled for Friday March 25, 2022 at the New York Hilton Midtow n Hotel. Read More>>

Eyes Up! That Perfect Brow Post Could Land Influencers in a Lawsuit 
By: Nicholas E. Forgione
A recent case[1] in California could spell increased risks for influencers posting on social media and new headaches for brand owners. Beauty brand Rodan & Fields partnered with model and actress Molly Sims to promote its “Brow Defining Boost” eyebrow gel product on her popular blog.   Read More>>

End of the Year Trademark Law Review
By: Giselle Ayala Mateus, Esq.
This year has been very interesting for US trademark attorneys. Although the US Supreme Court did not rule on any trademark cases in 2021, lower courts and other authorities have been plenty busy. We have seen a little bit of everything, from new developments in trademark cancellation proceedings to unusually bold litigants. Let's look at some of the most interesting cases of 2021 and some of the ones coming in 2022. Read More>>

Notable Trademark Decisions, January 2022
By: Scott Greenberg and Anna Antonova 
TTAB Upholds Refusal For Nonuse In Commerce Where The Subject Services Were Not Yet Rendered By Applicant
Alessandra Suuberg (“Suuberg”) filed a US application, based on claimed use in commerce under Section 1(a) (15 U.S.C.§1051(a)), to register the mark HAVE SOME DECENCY in connection with the following services: [...] Read More>>

Notable Trademark Decisions - Supplement, January 2022
By: Scott Greenberg
CAFC Remands Fraud Claim To TTAB To Further Consider Falsity of Acquired Distinctiveness Statement
Galperti S.r.l., an Italian company (Galperti-Italy) filed a US trademark application to register GALPERTI for metal flanges, fittings and forgings. Read More>>

"As Time Goes By - Hear, Hear: Our Centennial Year!"
By: Dale Carlson
As our Association begins its second century, we have an opportunity to celebrate where we are and where we have been.  We celebrate our Association's heritage as our nation's largest regional IP law association - with a geographical reach from New York and New Jersey to Connecticut and Vermont. Read More>>


Board Minutes
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NYIPLA Spotlight
Q&A with Deirdre Clarke and Lauren Emerson
Co-Chairs of NYIPLA’s
Trademark Committee

Read More>>


Welcome New Members!
and Moving Up & Moving On
Read More>>


NYIPLA Publication Committee Editorial Team
Committee Co-Chairs Margaret Welsh and Kyle Koemm
Board Liaison Patrice Jean
Committee Members Giselle Ayala Mateus, Heather Bowen, Dale Carlson, 
Jayson Cohen, William Dippert, John Kenneth Felter, Robert Greenfeld, Richard Koehl,
Keith McWha, Clint Mehall, Suzanna Morales, Calvin Wingfield

 

 

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The Report Archives

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Summer 2021

NYIPLA The Report 


NYIPLA President's Corner

By: Robert Isackson 
As I write this, we remain in the scourge of the COVID-19 pandemic, although this morning’s news optimistically suggested that the debate should soon turn to “determining how will we define when the pandemic is over?”  Even after eighteen months of living in a remote/virtual world, NYIPLA will not let the pandemic get in our way and will actively produce events and programs for our respective association members and contacts. Read more>>

“Cleveland Indians” to “Cleveland Guardians” - for better or for worse 
By: Vrudhi  Rajesh  Raimugia  and  Steven W . Schlesinger
After the National Football League’s (“NFL”) Washington Redskins announced their decision to change their name, the Cleveland Indians Baseball Company LLC (“Cleveland Indians”) took a similar route by changing the name of their baseball team from the “Cleveland Indians” to the “Cleveland Guardians” on July 23, 2021.[1]   Read more>>

End of an Era of “No Consequences” for “Made in USA” Fraudsters, as New FTC Labelling Rule Comes into Effect
By: Pallavi Mathur  and  Suzanne M.  Hengl
In a win for consumers and small businesses, a new labelling rule enables the Federal Trade Commission (“FTC”) to seek – for the first time – civil penalties for false, unqualified claims on labels stating that a product originated in the United States.[1] Read more>>

Notable Trademark Decisions, September 2021
By: Scott Greenberg and Anna Antonova 
In 2005, William Shen applied for a US trademark registration for the mark FUJIIRYOKI in connection with massage chairs. The registration issued in 2007, and soon after issuance Shen assigned the registration to American Crocodile International Group, Inc. (“ACIGI”), a US company of which Shen was CEO.  Read more>>

"As Time Goes By - Reel or Real? - Redux 
By: Dale Carlson
Let's begin with a pre-pandemic view about distance learning.  Back in 2012, Harvard and M.I.T. announced that they were teaming up to offer "free" online courses through a partnership known as edX, making no-credit online classes available to many thousands of students from around the globe who might not otherwise have access to this educational opportunity.(1) Read more>>

Q&A with New Board Member –David Goldberg