Summer 2023

NYIPLA The Report

NYIPLA President's Corner

By: Robert Rando 
I am humbled, honored and thrilled to lead the New York Intellectual Property Law Association (NYIPLA) into its 102nd year. The second century’s existence matters. It speaks to the history of a past century of great leaders that have come before me. It guides us with the knowledge that there is a sustained mission that our Association has fulfilled as an active and vital participant in the Intellectual Property Law arena which has endured for over 100 years. Read More>>

Andersen v. Stability AI Ltd. Considering the Viability of a Fair Use Defense… 
By: Giselle Ayala Mateus, Esq. 
Artificial Intelligence (AI) capabilities are increasing rapidly, and so are the legal issues related to the rights of creators, AI-users, and AI-developers. Notably, the U.S. Copyright Office and Congress have been conducting public hearings to gather insights on the best approach to addressing AI issues. These hearings provide a platform for all interested parties to voice their opinions. However, as creators and regulators work to catch up, AI developers have already begun capitalizing on AI-Generative technology. Read More>>

You Don’t Own Me: A Look at Tattoos, Copyrights, and Likeness.
By: Hannah Scott. Quinnipiac University School of Law
Three in ten people have tattoos.[1] Some of those people, like athletes and other celebrities, profit from licensing their likeness.[2] Should a tattoo artist prevail on a claim of copyright infringement when the licensed likeness of a tattooed person includes a tattoo done by the artist without the artists express permission? This is a question dealt with by two different courts that resulted in two different decisions in Solid Oak Sketches, LLC v. 2K Games, Inc. and Alexander v. Take-Two Interactive, Inc.[3] Read More>>
Notable Trademark Decisions, July 2023
By: Scott Greenberg and Vrudhi Raimugia
The Supreme Court of the United States (“the Supreme Court”), in the case Abitron Austria GmbH v. Hetronic Int'l, Inc., ___ S.Ct. ___, 2023 U.S. LEXIS 2789 (June 29, 2023), had to decide on the foreign reach of 15 U. S. C. §1114(1)(a) and §1125(a)(1), two provisions of the Lanham Act prohibiting trademark infringement. Read More>>

"As Time Goes By - An Eye for AI"
By: Dale Carlson
As artificial intelligence ("AI") becomes more ubiquitous in today's world, the same mix of fear and awe we may have felt when witnessing the chilling chess-like maneuvers of HAL 9000 in the movie "2001: A Space Odyssey" tends to resurface in our mind's eye. Read More>>

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 Giselle Ayala Mateus and Brian Doyle
Board Liaison Patrice Jean
Committee Members Dale Carlson, Robert Greenfeld, Margaret Welsh

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