Winter 2022/2023
NYIPLA The Report
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NYIPLA President's Corner
By: Heather Schneider
2023 is off to a great start for the NYIPLA community as we continue to celebrate our 100th year as an organization and get ready to celebrate our 101st Annual Dinner in Honor of the Federal Judiciary at the New York Hilton Midtown on March 31st. Read More>>
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Beyond Taking “Reasonable Measures of Protection,” The Protection of Trade Secrets in the Current Era
By: Giselle Ayala Mateus, Esq. and Anne Rock
Business communications, business models, and cross-border relationships have evolved thanks to the internet and the development of modern technologies. However, together with that progress, trade secrets theft has also changed. In the face of trade secrets theft, owners encounter difficult challenges related to the collection of evidence, prosecution of civil actions against overseas actors, and proper compensation of damages. In fact, nowadays, trade secrets theft can be a matter of state and national concern resulting in enforcement authorities increasing their presence in the courtrooms, leading investigations and prosecutions. Read More>>
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March-in Rights - Implications from the COVID Pandemic[1]
By: Nick Palmieri
This article was previously published in the January 2023 issue of Pratt’s Government Contracting Law Report, © 2023 Matthew Bender & Co., Inc. All rights reserved.
I. Introduction.
Created as part of the Bayh-Dole Act of 1980 (Pub. L. 96-517), “march-in rights” were created as a way to balance the need of small and non-profit entities to obtain government financing with the public’s right to access certain innovation resulting from government funds. In particular, march-in rights were created, at least in part, to further Congress’s goal “to ensure that the Government obtains sufficient rights in federally supported inventions to meet the needs of the Government and protect the public against nonuse or unreasonable use of inventions.” 35 U.S.C.§ 200. Accordingly, under the provisions of 35 U.S.C.§203, agencies of the federal government are empowered to require entities that receive federal funding to provide licenses in certain circumstances. Read More>>
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Notable Trademark Decisions, December 2022
By: Scott Greenberg and Vrudhi Raimugia
The Eleventh Circuit affirms the District Court decision and applies the Rogers test for the disputed mark “MTV Floribama Shore”
The United States Court of Appeals of the Eleventh Circuit (“the Eleventh Circuit”) recently decided on the dispute between the Plaintiffs-Appellants MGFB Properties, Inc., Flora-Bama Management LLC, and Flora-Bama Old S.A.L.T.S. Inc. (collectively, “Plaintiffs”) and the Defendants-Appellees 495 Productions Holdings LLC, 495 Productions Services LLC, and ViacomCBS Inc. (collectively, “Defendants”) about the right to use the word “Floribama”. The Plaintiffs own and operate the Flora-Bama Lounge, Package and Oyster Bar (“Lounge”) on the Florida-Alabama border. The Defendants, on the other hand, create and distribute television programs, including the reality series Jersey Shore and its spin-off “MTV Floribama Shore”. MGFB Props., Inc. v. Viacom Inc., 2022 USPQ2d 1145 (11th Cir. 2022). Read More>> |
"As Time Goes By - Extending the NYIPLA's Reach - Redux"
By: Dale Carlson
From time to time over the past few decades, the NYIPLA's Board of Directors has contemplated various ways to extend the Association's reach beyond the existing membership. During Peter Saxon's term as President in 1991-92, he requested comment from Committee Chairs regarding a Board proposal to admit two groups as affiliate members of the Association. Read More>>
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Board Minutes
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NYIPLA Spotlight
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Welcome New Members!
and Moving Up & Moving On
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NYIPLA Publication Committee Editorial Team
Committee Co-Chairs Margaret Welsh, Kyle Koemm, and Giselle Ayala Mateus
Board Liaison Patrice Jean
Committee Members 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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