Blogs > Trademark, Copyright, and Unfair Competition Law Blog


Apr 09, 2021

The Wild Wild West: How to Enforce Your Copyright on Social Media

Twenty-three years after the passage of the Digital Millennium Copyright Act (“DMCA”), the social media landscape remains a “Wild Wild West” for copyright owners. Though not afforded the attention attracted by the spread of misinformation on these platforms, copyright enforcement can be an uphill battle for copyright owners, as social media companies struggle to enforce rules of conduct for the enormous output of third-party content they host. » Read More

Nov 07, 2018

U.S. Supreme Court Scheduled to Hear Whether Copyright Registration Is Required for Suit

For decades, federal courts around the country have split over whether a U.S. copyright registration is required to bring an infringement action, or whether the filing of an application with the U.S. Copyright Office is sufficient. At long last, the U.S. » Read More

Oct 22, 2018

Norris McLaughlin Hosts “A Taste of Trademarks” Seminar in New York City for Food, Beverage, and Restaurant Industries

Last week, my partners, Danielle DeFilippis and Deanna Koestel, and I had the pleasure of attending The New Jersey Food & Beverage Summit hosted by NJBIZ.  Our firm sponsored the event.  We enjoyed a series of informative panel discussions, as reported in our last post, as well as the exhibits put on by a wide range of food manufacturers, vendors, and students of food science.  » Read More

Apr 12, 2018

Register Now for FoodBiz NJ!

We are excited to present the breakout session, “Appetite for Branding,” during the FoodBiz NJ conference, sponsored by NJBIZ, on Tuesday, April 24, at The Palace at Somerset Park in Somerset. Along with Esther Psarakis, Managing Partner of Foodpreneur, we will discuss the business and legal challenges of branding in the food and beverage industry, and protecting restaurant decor. » Read More

Feb 15, 2018

Buying or Selling A Business and Its Intellectual Property Including Trademarks and Copyrights? Here are Some Tips

A while back, I wrote an article for Metropolitan Corporate Counsel on buying and selling intellectual property (“IP”) assets, which include trademarks and copyrights, as part of the sale of all or part of a business.  It’s one of those “oldie but goodie” resources I frequently consult.   » Read More

Feb 08, 2018

REPEAT AND RISK: A Copyright “Safe Harbor” Isn’t So Safe for Websites that Tolerate Repeat Infringers

The Digital Millennium Copyright Act (DMCA for short) contains a number of provisions helpful to copyright owners who suffer online infringement, which is frequently perpetrated anonymously.  Of particular importance is the “take down” provision, which enables the copyright owner to write to the “Internet Service Provider” (“ISP”) whose site contains infringing content demanding its removal.  » Read More

Jan 09, 2018

United States Supreme Court Signals That It May Hear Case That Will Impact Copyright Holders’ Ability to Initiate Copyright Infringement Actions

Last year, the Fourth Estate Public Benefit Corporation filed a petition asking the Supreme Court to determine whether for purposes of instituting a copyright infringement action, a claimant’s “registration” has been made once the claimant has applied for the registration (application approach) or once the Copyright Office has acted on that application (registration approach).  » Read More

Sep 24, 2015

Judge Blows Out Candles on Claims of Copyright in Happy Birthday To You

Get ready to hear rousing renditions of Happy Birthday to You (“Happy Birthday”) on TV shows, in movies, and at your favorite local restaurant.  A federal judge on Tuesday ruled that Warner/Chappell Music (“Warner”) does not hold a valid copyright in the famous birthday song, determining that the lyrics to the song were not protected by copyright, and thus the song is part of the public domain. » Read More