By: Sarkis Yeretsian & Jonathan D. Goins
On February 8, 2023, a Manhattan federal jury found an NFT artist liable for having infringed upon Hermès’ popular Birkin brand, awarding Hermès $133,000 in total damages. This was one of the first trials involving trademark rights in the digital space of NFTs.
Background
In January 2022, Artist…
By: Jonathan D. Goins, Jonathan Pink, and Thomas Russell, III
Not since the Y2K days has there been more buzz over a subject, i.e., NFTs and the Metaverse. Only time will tell if this trend is an exaggeration, or if we are on a “Don’t Stop Believin’” euphoric Journey that is here to…
Offices
Practice & Experience
Primary Practice Only
By: Leiza Dolghih
In January, federal courts around the country issued new security procedures intended to protect highly sensitive documents (HSDs). These heightened security measures followed the discovery that one of the electronic filing system (ECF) vendors had suffered a cybersecurity breach, which may have given hackers access to documents filed in ECF under seal,…
Offices
Practice & Experience
Primary Practice Only
By: William W. Mauke & Joshua D. Curry
In Thryv, Inc. v. Click-to-Call Technologies, LP, the Supreme Court of the United States overturned the Court of Appeals for the Federal Circuit, holding that 35 U.S.C. §314(d) precludes judicial review of Patent Trial and Appeals Board (PTAB) application of the one-year time bar in a decision…
The Federal Circuit issued a precedent-setting ruling that clarifies the appropriate roles of judges and juries when a design patent is challenged as obvious. In doing so, the Court strengthened designers’ rights by confirming that, in certain situations, the question of whether a design patent and the prior art are visually the same should be…
Under the America Invents Act of 2011 (AIA), any “person” other than the patent owner may challenge the patent owner’s patent(s) through post-grant review before the Patent Trial and Appeal Board. The patent statutes do not specifically define the term “person.” The presumption is that the term “person” does not include the federal government and…
