6th Edition: Trends in Marketing Communications Law What constitutes a “scandalous” trademark? The United States Patent and Trademark Office (USPTO) has been grappling with this question since the enactment of the 1905 Trademark Act, later codified in the 1946 Lanham Act, which forbids Continue Reading
Behind State Lines: Is It Time to Cash in on Legalized Sports Betting?
6th Edition: Trends in Marketing Communications Law The Supreme Court’s 2018 decision in Murphy v. National Collegiate Athletic Association (Murphy) to overturn the Professional and Amateur Sports Protection Act (PASPA) seemingly opened the door for states to legalize sports betting. Continue Reading
Patent Troll Suits Down, Not Out in 2018
6th Edition: Trends in Marketing Communications Law Over the past half-decade, Congress and the courts have made aggressive efforts to curb the worst abuses of the patent system. In 2013, Congress passed the America Invents Act (AIA), which established the Patent Trial and Appeal Board (PTAB) to Continue Reading
Supreme Court Settles Circuit Split on When a Plaintiff May Sue
6th Edition: Trends in Marketing Communications Law The Supreme Court handed down a unanimous copyright decision in March 2019 with implications for anyone involved in a copyright dispute, as well as for marketers and brands that create and use copyrighted materials. In Fourth Estate Public Continue Reading
Supreme Court Rules “Amazon” / “Nexus” Taxes Are Permissible
The Bottom Line The Supreme Court’s Wayfair decision confirmed that states may collect sales tax on internet sales between consumers and retailers who don’t have a physical presence in the state.In anticipation of a flurry of related legislation, online retailers, marketing affiliates and all Continue Reading
New York Appellate Court Enforces Lease Provision Waiving Commercial Tenants’ Right to Seek Yellowstone Injunction, Strengthening Landlords’ Right to Evict
The Bottom Line Commercial tenants entering into new leases should review draft agreements carefully for explicit waivers of the right to seek Yellowstone relief and less obvious waivers of that right that are drafted more vaguely, such as provisions that:waive a tenant's right to seek Continue Reading
Supreme Court Seeks to Curb the Worst Abuses of the Patent System
5th Edition: Trends in Marketing Communications Law Congress, commentators and a wide variety of industry leaders have long noted that the patent system was broken. Besieged by a tide of weak patents and baseless patent troll litigations, these stakeholders argued that the current patent climate Continue Reading
All Bets Are Off (or On): SCOTUS Strikes Down Federal Ban on Sports Betting
The Bottom Line The Supreme Court held 6-3 that federal law prohibiting states from enacting sports betting schemes was an unconstitutional "commandeering" of state law issues by the federal government. In striking down the prohibition, the Court paved the way for states to decide for themselves Continue Reading
New Jersey Supreme Court Rejects No-Harm TCCWNA Claims, Dealing Blow to Consumer Class Actions Under the Act
The Bottom Line The New Jersey Supreme Court's recent holding is expected to eliminate no-harm class actions under the TCCWNA. Violations of the statute, unaccompanied by any injury to the consumer, will no longer be sufficient to support a claim. The need for class action plaintiffs to prove Continue Reading
Recent Cases Highlight “Digital Assets” As A New Frontier in Estate Planning and Litigation
The Bottom Line New York State's EPTL now includes a provision that clarifies how matters involving digital assets are handled in estate administration. The full scope of the Act’s implications has yet to play out, but digital assets will undoubtedly affect estate planning and litigation matters Continue Reading