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Supreme Court strikes down Lanham Act's disparagement clause as unconstitutional

USA - June 21 2017 In a landmark decision that will significantly impact those seeking to block or cancel trademarks they consider offensive, the U.S. Supreme Court has…

Carol Anne Been, Carl P. Bretscher, Monica B. Richman

Supreme Court endorses copyrightability for fashion and industrial designs

USA - March 31 2017 On March 22, 2017, in a 6-2 decision, the US Supreme Court (the "Court") ruled in Star Athletica, LLC v. Varsity Brands, Inc. (Dkt. No. 15-866) that…

Carol Anne Been, Monica B. Richman, Francesca M. Witzburg

The Supreme Court's take on Kirtsaeng II will impact attorneys' fees decisions in copyright matters

USA - January 28 2016 The landmark copyright case Kirtsaeng v. John Wiley & Sons is back before the US Supreme Court, this time on the issue of the appropriate standard…

Carol Anne Been, Joshua D. Curry, Monica B. Richman

New top-level domain applications to be accepted next month

USA - December 14 2011 On December 8, 2011, the U.S. Senate Committee on Commerce, Science, and Transportation held hearings on the Internet Corporation for Assigned Names and Numbers' (ICANN) plans to expand the number of "unrestricted" top-level domains ("TLDs") available on the Internet.

Carol Anne Been, Doug Bonner, J. Isaac Himowitz

Creating, making, or breaking it: Second Circuit reexamines "hot news" misappropriation tort

USA - June 30 2011 In a convoluted 88-page decision, the Second Circuit simultaneously reaffirmed the continued existence of the "hot news" misappropriation tort, stripped the tort of its five-factor preemption test used for nearly fifteen-years, and replaced it with an abridged analysis under the theory of "free-riding."

Stephen Kudenholdt, Monica B. Richman, Natalie J. Spears