Spring 2022

NYIPLA The Report


NYIPLA President's Corner

By: Heather Schneider 
I’m writing this to you on Memorial Day, which seems appropriate for this year.  It seems odd to be writing about something as seemingly mundane as IP law at such a difficult time.  Over a million people in the US have died of COVID.  Two mass shootings, one racially motivated and the other less clear, have made the nation raw with grief.  The war in the Ukraine still rages on, with mounting evidence of war crimes against civilians. Inflation is high and the stock market has been volatile.  Who wants to talk about the American Axle case on Section 101 of the Patent Act?  Or the copyright issues of Andy Warhol paintings of Prince? Read More>>

Going for Gold and Protecting it too: Intellectual Property and the Olympic Games 
By: Sean T. Boren
The Olympic Games are an international, collaborative event that brings the world together through sport.[1] With viewership in the millions,[2] it is no surprise that the Games are seen as a valuable opportunity for sponsors to market their goods and services. In order to protect its image and ensure that the Games remain profitable, the International Olympic Committee (IOC) has essentially required the host countries to propose and enact “special legislation” that protects the Olympic intellectual property.[3] As a result, the enforcement of these protections has become a sport in and of itself, causing a variety of legal and pragmatic issues. Read More>>

A Music Industry Circuit Split: The De Minimis Exception in Digital Sampling
By: Michaela Morrissey
When Def Jam recording artists 3rd Bass rapped, “ya stole somebody’s record then ya looped it, ya looped it . . . now ya getting sued kinda stupid . . . .”[1] they spoke of the end of what was known as the “Golden Age”[2] of digital sampling in the hip-hop and rap music industry. The Golden Age began in the late 1980’s, and because there was no regulation of the practice, it was a period of musical enlightenment in which musicians could freely utilize digital sampling without legal repercussion.[3] Read More>>

Andy Warhol’s Pop Art Makes it to the U.S. Supreme Court. Is the Prince Series Artwork Fair Use? 
By: Giselle Ayala Mateus, Esq.
“In truth, in literature, in science and in art, there are, and can be, few, if any, things, which, in an abstract sense, are strictly new and original throughout…” Justice Joseph Story [1] Is this true? There is not pure originality? Well, what I believe is truth, is that we are, in part, the result of the past behind us, whether it is in life, literature, science or art.] Read More>>

"As Time Goes By - Notable Keynotes"
By: Dale Carlson
With the re-incarnation of the in-person Judges’ Dinner after a two-year pandemic hiatus, it may be worth re-visiting the issue of the cost/value trade-off in the selection of keynote speakers.  In short, does the Association get what it pays for? Read More>>


Board Minutes
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NYIPLA Spotlight
Q&A with Mark Chapman and Irena Royzman
Co-Chairs of NYIPLA’s
Amicus Brief Committee

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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 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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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