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Don’t Be So Dramatic: True Crime Docudrama Doesn’t Violate Right of Privacy

USA - April 29 2021 Addressing the tension between the First Amendment and the right to privacy under New York law, the New York Supreme Court Appellate Division, Third…

There’s No Sugarcoating It: Pocky’s Cookie Design Trade Dress Is Functional

USA - February 4 2021 Addressing for the second time whether the design of a chocolate-dipped, stick-shaped cookie was eligible for trade dress protection, the US Court of…

SCOTUS on Trademarks

USA - January 21 2021 Trademark Law was a popular topic at the Supreme Court in 2020. The Court issued three important decisions on topics affectin…

Sarah Bro

More ‘failure to function’ refusals in 2020

USA - January 21 2021 The trend at the Trademark Trial and Appeal Board (TTAB, the Board) affirming refusals for failure-to-function as a trademark continued in 2020. For…

Generic.com Terms are Not Ineligible for Registration

USA - January 21 2021 In June 2020, the Supreme Court issued its decision in the much-anticipated case addressing the registrability of so-called "generic.com terms" (a…