The Report - NYIPLA

Summer/Fall 2024

*NYIPLA The Report*
NYIPLA President's Corner By: Patrice P. Jean Dear NYIPLA Community: I’m writing to you as the current President of the NYIPLA. I want to take a moment to introduce myself and let you know what we have already done in my first six months as the leader of this organization, and what I hope to accomplish before my term is over. Read More>>
Do You Know Where Your Trademark Is? How the Fourth Circuit’s Interpretation of the Anticybersquatting Consumer Protection Act Correctly Protects Trademark Owners Online By: Alexa T. Blandeburgo, St. John’s University School of Law The world was revolutionized thirty years ago. On April 30, 1993, the World Wide Web (“WWW”) was launched for public use.¹ It was a “great online awakening” that connected individuals to concepts that are now integral to our daily lives.² And as individuals migrated onto the WWW, so did businesses. Consumers warmed to the idea of ordering something from the comfort of their home and having it arrive at their doorstep within days. Businesses took note of this consumer behavior and jumpstarted their online locations, using domain names to identify themselves on this newfound forum.Read More>>
Copyright Protection of Fonts and Typefaces, New Litigation Brings the Topic to the Front Seat By: Giselle Ayala The legal status of fonts and typefaces in the realm of copyright law remains a complex and evolving issue. At some point, it appeared that the discussion was settled; there is no copyright protection for fonts. However, the discussion about whether fonts and typefaces are protected by copyright law is more alive than ever. In this context, the debates revolve around the concept of originality and functionality.Read More>>
Lower Courts in Patent Cases Continue to Ignore Factual Disputes and Weigh Evidence Against Nonmovants By: Charles Macedo, David Goldberg, Thomas Hart, John Dellaportas, and Jamie Zipper.* In patent cases, district courts are increasingly granting summary judgment by ignoring factual disputes and/or weighing evidentiary disputes against non-movants, thus depriving patent owners of their right to a jury trial under the Seventh Amendment. Read More>>
Pro Codes Act: Navigating the Tension Between Public Access and Copyright Protection for Privately Published Standards Incorporated into Law By: Jonathan Berschadsky and Jack Goldberg* In the pursuit of ensuring safety and uniformity in high-risk industries, expert organizations play a crucial role in developing and disseminating industry best practices. These organizations meticulously craft standards that serve as invaluable guidelines for various sectors, such as agriculture, banking, construction, energy, motor vehicle safety, product safety, environmental protection, and maritime operations, where adherence to strict safety measures is paramount. For instance, these standards aid housing developers in constructing buildings that meet the highest fire safety standards. Read More>>
Notable Trademark Decisions, October 2024 By: Scott Greenberg and Vrudhi Raimugia In a recent case, Vidal v. Elster, the United States Supreme Court (“the Court”) unanimously rejected a First Amendment challenge to the “names clause” of the Lanham Act. The Court addressed Steve Elster’s attempt to register the trademark “Trump too small,” which the Patent and Trademark Office denied based on the Lanham Act’s names clause. The names clause prohibits registering a trademark that includes a living individual's name without their consent. Elster argued unsuccessfully that this restriction violated his First Amendment rights. Vidal v. Elster, 602 U.S. 286, 144 S. Ct. 1507 (2024). Read More>>
Centennial History of NYIPLA By: Dale Carlson This history is dedicated to Gregory J. Battersby, lead author and motive force behind the 75 Year History. Without Greg's leadership, there would likely be no Centennial edition because there would be no building block to expand upon for the 100^th. Greg was NYIPLA's 2^nd Vice President in 1997-98. Many thanks to you, Greg! Read More>>
NYIPLA Spotlight Read More>>	Welcome New Members! and Moving Up & Moving On Read More>>
NYIPLA Publication Committee Editorial Team Committee Co-Chairs Giselle Ayala Mateus and Richard Kurz Board Liaison Jenny Lee

The Report Archives

May 2019 - Present
May 2010 - April 2018
May 2000 - April 2010
May 1990 - April 2000
May 1980 - April 1990
May 1960 - April 1970

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