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Apr 02, 2021

The CASE Act: A Small Claims Court for Copyright Infringement

One of the past year’s most important U.S. copyright bills, the Copyright Alternative in Small-Claims Enforcement Act of 2020 (the CASE Act) was passed in December. It establishes an administrative tribunal process for copyright claims of up to $30,000. Though targeted to small parties, larger businesses that own massive amounts of copyrightable content will also benefit. » Read More

Jun 27, 2016

Leaders of the Senate Agriculture Committee Announce An Agreement On National GMO Labeling

With Vermont’s law on GMO labeling set to take effect next month, the Senate Agriculture, Nutrition & Forestry Committee announced on Thursday that the Senators reached an agreement on proposed legislation setting a national mandatory system for the disclosure of GMOs on labels of food products.   » Read More

May 26, 2016

New Federal Trade Secrets Act Provides New Remedies to Employers and Requires Updates to Confidentiality Agreements

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (“DTSA”). The DTSA creates a new federal civil remedy for trade secret misappropriation, allowing employers to file civil lawsuits in federal court for trade secret misappropriation by departing employees. » Read More

Mar 07, 2016

The Battle over Havana Club Rum Resumes

The long and complicated battle over the Havana Club brand of rum continues, as recent action by the US government demonstrates a departure from long-standing policy against registration of confiscated trademarks — in this case a mark confiscated by the Cuban government during the Cuban revolution. » Read More

Feb 29, 2016

The GMO Labeling Debate Continues

Draft federal legislation released by US Senator Pat Roberts (R-Kan.) would federalize a labeling standard for products with genetically modified organisms (GMOs).  The proposed bill would provide for voluntary rather than mandatory labeling.  This proposed legislation has caused a flurry of opposition bringing this hotly debated issue to the forefront. » Read More

Mar 18, 2015

TTAB Decision Can Have Preclusive Effect Says Supreme Court in B&B Hardware Decision

The Supreme Court issued its decision in B&B Hardware, Inc. v. Hargis Industries, Inc.  For those readers unfamiliar with this case, we previously discussed it after the Supreme Court heard oral arguments and provide background on the case here.

The Court determined that, provided other general elements of issue preclusion are met, a decision by the Trademark Trial and Appeal Board (TTAB) can have preclusive effect if the actual usage of the relevant marks considered by the TTAB,  are materially the same as those before a district court.  » Read More

Feb 06, 2015

U.S. Copyright Office Releases Study on Current Music Marketplace, Advocates Fundamental Changes to Licensing

The U.S. Copyright Office released a report last week detailing its findings on, and recommendations to improve, what it calls “the aging music licensing framework.”  Acknowledging that many in the music industry consider the licensing system to be broken, the “Copyright and the Music Marketplace” report undertook an exhaustive review of the music  licensing process, including a focus on music steaming services.  » Read More

Dec 05, 2014

Supreme Court Hears Oral Arguments in B&B Hardware, Inc. v. Hargis Industries, Inc.

The Supreme Court heard arguments in the case of B&B Hardware, Inc. v. Hargis Industries, Inc., this week.  The case, which involves the manufacturer of industrial fasteners for the aerospace industry (B&B Hardware) and a manufacturer of self-drilling screws (Hargis Industries), is one of the most important trademark cases to come before the Supreme Court in recent years.  » Read More