On September 26, 2024, the United States Trademark and Patent Office (USPTO) cancelled various trademark registrations for the SUPER HERO and SUPER HEROS (often used interchangeably) owned jointly by Marvel and DC Comics. As recently as 2022, Marvel and DC filed the declarations required to maintain the incontestable status of their registrations, one of which […]
December 3, 2024 The Second Circuit Court’s recent ruling in Hachette Book Group, Inc. v. Internet Archive addresses significant issues regarding copyright infringement and the boundaries of the fair use defense. This decision, issued on September 4, 2024, marks a pivotal moment in the intersection of copyright law, nonprofit operations, and digital lending. The Internet Archive, a […]
November 6, 2024 Last Friday, the Second Circuit Court of Appeals affirmed the Southern District of New York’s judgment against claims brought against Ed Sheeran arising from his 2014 hit “Thinking Out Loud.” In Structured Asset Sales v. Sheeran, the Second Circuit found that Sheeran did not infringe on Marvin Gaye’s “Let’s Get it On,” […]
With the Securities and Exchange Commission’s settlement with Galois Capital Management LLC, the pressing issue of proper custody of cryptocurrency assets has again bubbled to the surface. Has this issue gained clarity? Do we still exist in the limbo of regulation by enforcement and not really knowing where the boundaries are until the SEC comes […]
In holding that courts must exercise independent judgment when examining whether an agency acted within its statutory authority, the Supreme Court dealt yet another blow to the administrative state. Overruling Chevron U.S.A. Inc. v. Natural Resources Defense Council, the Court’s decision in Loper Bright Enterprises v. Raimondo promises to dramatically shift how courts approach executive […]
The Supreme Court held last Thursday that the U.S. Patent and Trademark Office did not violate the First Amendment when the Office concluded that “Trump Too Small” could not be registered as a trademark. In a unanimous decision, the Court found that the USPTO did not discriminate based on the viewpoint expressed by the phrase […]
In a decision throwing out the long-standing test for design patent obviousness, the Federal Circuit in LKQ Corp. v. GM Global Tech. Operations LLC, (Fed. Cir. 2024) (“LKQ”) determined that the Rosen-Durling test was “improperly rigid” and that requiring an earlier design to be “basically the same” as the patented design was too narrow. The […]
In the intricate world of financial regulations, SEC Rule 15c3-3, often referred to as the "Customer Protection Rule," plays a crucial role in safeguarding customer assets held by broker-dealers. This rule, established by the Securities and Exchange Commission (SEC), ensures that customer funds and securities are adequately protected, preventing broker-dealers from using these assets for […]
Crypto enthusiasts cheered the surprise approval last week of spot ether exchange traded funds (ETFs) being prepared for listing on U.S. stock exchanges. It’s only the second time a cryptocurrency-backed group of ETFs has been approved by the Securities and Exchange Commission, a move some analysts say heralds crypto’s growing acceptance among the mainstream. But […]
Pursuant to the Corporate Transparency Act of 2021, U.S. companies are now required to disclose certain Beneficial Ownership Information (BOI). While this law has been on the books for a few years now, the grace period is almost over. The Financial Crimes Enforcement Network (FinCEN) mandates that corporations and limited liability companies registered in the […]