The Report - NYIPLA

Winter 2022/2023

*NYIPLA The Report*
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>>
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>>
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>>
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>>
Board Minutes Read More>>	NYIPLA Spotlight 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