The Report - NYIPLA

Summer 2022

*NYIPLA The Report*
NYIPLA President's Corner By: Heather Schneider During my last column I talked about how proud I am to be a part of the dynamic and close-knit NYIPLA community. That feeling was only strengthened when we had an amazing kick-off for all of the NYIPLA committees at the September Board meeting. Board members and committee chairs were invited to the Union League Club and presented their suggested CLE programs, social mixers, and articles for the upcoming year. Above all, it was just so good to see everyone in person again. Read More>>
2022 - 2023 New Board Member: Q&A with Mark Schildkraut How long have you been a member of the NYIPLA? I have been a member of NYIPLA for ten years at two different times in my career: first, from 2000 to 2005, when I was a younger associate in private practice in New York; and, now, from 2017 to the present as in-house counsel, as Associate General Counsel at med tech Becton, Dickinson and Company in New Jersey and presently as Chief IP Counsel for consumer products company SharkNinja in Massachusetts. These experiences have allowed me to grow professionally by attending substantive programming and by meeting colleagues in my field of practice. Read More>>
Inventor of the Year Award: 2022 Annual Meeting Speech By: Dr. Steve Carlson Union League Club, NYC, Thursday, May 19, 2022 It is difficult to express in words all of my gratitude for this great honor! For the past 30 years, I have been involved in all aspects of intellectual property law, and I have a very high admiration for your profession. Read More>>
TikTok Videos. Are these Works Entitled to Copyright Protection? By: Giselle Ayala Mateus, Esq. Short-video content became especially popular with the launch of TikTok in 2018. According to Forbes, "[i]t has reached over 2 billion downloads and has more than 100 million monthly active users in the US."[1] TikTok's short-video strategy to promote content and drive users' attention has become a multimillionaire industry. TikTok has created a revolution, and now, it is present in more than 100 countries.[2] Read More>>
Notable Trademark Decisions, July 2022 By: Scott Greenberg and Vrudhi Raimugia Coca-Cola’s victory order reversed by the United States Court of Appeals for the Federal Circuit The present case is an appeal before the United States Court of Appeals for the Federal Circuit (“Appeals Court”) by Meenaxi Enterprises Inc. (“Meenaxi”) from a decision of the Trademark Trial and Appeal Board (“TTAB”). The TTAB issued an order in favor of The Coca-Cola Company (“Coca-Cola”) and cancelled Meenaxi’s registrations for the marks “THUMS UP” and “LIMCA”.In a precedential decision, the Appeals Court reversed the TTAB on the ground that Coca-Cola failed toestablish a statutory cause of action under Section 14(3) of the Lanham Act based on lost sales or reputational injury. Meenaxi Enter., Inc. v. Coca-Cola Co., 38 F.4th 1067, 2022 USPQ2d 602 (Fed. Cir. 2022). Read More>>
"As Time Goes By - Inn Like Linn Redux" By: Dale Carlson Back in 1973, Chief Justice Warren Burger voiced his concern regarding diminishing courtroom skills of litigators at that time. He commented that "We do not disparage the law as a profession when we insist that, like a carpenter or an electrician, the advocate must know how to use the tools of his 'trade.'"(1) Read More>>
Board Minutes Read More>>	NYIPLA Spotlight Q&A with Mark Chapman and Irena Royzman Co-Chairs of NYIPLA’s Amicus Brief Committee Read More>>	Welcome New Members! and Moving Up & Moving On Read More>>
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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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