Intellectual Property Archives

Jan 14, 2022

Models Obtain Default Judgment Against Club for Use of Their Photographs

Jessica Hinton, et al., Plaintiffs, vs. Completely Innocent LLC, Defendant United States District Court for the District of Arizona No. CV-21-01019-PHX-SPL Opinion issued January 7, 2022 Arizona Right of Publicity, Lanham Act false endorsement After the defendant Completely Innocent LLC dba Club Luxx failed to file an answer, the four professional model plaintiffs filed a motion in the District of Arizona on June 11, 2021 for default judgment for damages and permanent injunctive relief. The plaintiffs argued that Completely Innocent had used their images to promote the Club on the Club’s social media pages without permission and that such use… Read more

Nov 12, 2021

Metaverse: The Next Commercial Frontier

It appears that the next commercial frontier is the so-called “metaverse.” The term “metaverse” was first used in science fiction novels. It combines the word “universe” with the prefix “meta,” which comes from a Greek word meaning “beyond.”[1] In the technical sphere, the “metaverse” is some form of a virtual universe that is the style being defined. Several technology and gaming companies have entered the fray of defining what this metaverse will be. An American writer, Neal Stephenson, referred to his idea of the metaverse in his 1992 science-fiction novel Snow Crash. Stephenson envisioned an immersive virtual world where people… Read more

Sep 21, 2021

United States: Attorney Recognition Rule Changes

INTA Bulletin | September 15, 2021 | Vol. 76 Issue 36 Verifier: Scott D. Woldow – Smith, Gambrell & Russell, LLP | Trademark Office Practices Committee—USPTO Subcommittee Scot A. Duvall – Middleton Reutlinger | Trademark Office Practices Committee—USPTO Subcommittee To implement provisions of the Trademark Modernization Act of 2020, in May 2021, the U.S. Patent and Trademark Office (USPTO or Office) issued a Notice of Proposed Rulemaking (NPRM) proposing changes to the Trademark Rules of Practice (TMRP). The public comment period expired on July 19, 2021. Notable among the proposed changes are (in Section VI) a new procedure for attorney recognition… Read more

Jun 24, 2021

U.S. v. Arthrex Case Creates a New Path to Challenge IPR Decisions

As a result of yesterday’s Supreme Court’s decision in U.S. v. Arthrex, any party dissatisfied with the result of an Inter Partes Review (IPR) can now seek review by the Director of the Patent and Trademark Office (PTO). Previously, and as codified by the America Invents Act (AIA), IPR decisions were appealed directly to the U.S. Court of Appeals for the Federal Circuit, with no possible review at the PTO. Yet to be determined will be the details of how this extra appeal step is to be implemented. And will, for example, the Director really have time, resources and responsibility for reviewing… Read more

Nov 17, 2020

SGR’s Intellectual Property Practice Ranked in U.S. News – Best Lawyers as “Best Law Firm”

SGR is proud to announce that the Firm’s Intellectual Property Practice has again been named to the 2021 “Best Law Firms” list by U.S. News – Best Lawyers, ranked nationally and in Atlanta, Washington D.C., and Jacksonville. National Patent Law Biotechnology Law Trademark Law Litigation – Intellectual Property Washington, D.C. Biotechnology Law Atlanta Litigation – Intellectual Property Patent Law Litigation – Patent Trademark Law Jacksonville Litigation – Intellectual Property For a full listing of SGR’s practice groups that have been ranked, click here

Jul 10, 2020

Singing About Brands: Expressing Emotions in Song

Music is a demanding form of expression. For an artist to communicate through lyrics in a song, the artist must conform his or her ideas within a time signature and in rhythm. When artists are limited in the number of syllables to express an idea or tell a story, they need to find shorthand ways to communicate. For many artists, they find the shorthand that they need to convey ideas, evoke emotions, and connect with their audiences in brands. For example, in 1966, Wilson Pickett told us he bought his paramour Sally a new 1965 Ford Mustang. Mr. Pickett’s audience… Read more

Apr 27, 2020

Supreme Court Holds that Annotations Written by Legislative Body are not Copyrightable

On April 27, 2020, the Supreme Court held in a 5-4 split decision that explanatory legal materials created by a legislative body cannot be protected by copyright. The background facts of this case are discussed in the January 29, 2020 article Can the State of Georgia Own a Copyright in its Official Code? by Elizabeth Borland. In Georgia v. Public.Resource,Org, Inc., Case No. 18-1150 (April 27, 2020), Chief Justice Roberts delivered the opinion for the Court and was joined by Justices Kagan, Sotomayor, Gorsuch and Kavanaugh to form an unusual majority. The Court first determined that the case was controlled… Read more

Apr 23, 2020

Supreme Court Overturns Second Circuit Precedent, Holds Willful Infringement Unnecessary for Award of Profits in Trademark Infringement Case

April 23, 2020, Washington, D.C. The Supreme Court today held that a plaintiff need not prove that a defendant acted “willfully” in order to recover profits as an equitable remedy for trademark infringement under Section 35(a) of the Federal Trademark Act of 1946, as amended (the “Lanham Act”), 15 U.S.C. § 1117(a). Romag Fasteners, Inc. v. Fossil, Inc., No. 18-1233, — S.Ct. —-, 2020 WL 1942012 (April 23, 2020). The plaintiff, a designer of fasteners used in handbags, brought an action against a handbag manufacturer alleging infringement of its “ROMAG” trademark. A jury found the manufacturer liable for patent and… Read more

Apr 23, 2020

Musicians’ Class Actions Play On

In the midst of this global pandemic—as many musicians (like so many others) are struggling to make ends meet—courts in New York have continued to issue important decisions that impact musicians’ livelihoods. Within the last month, the Southern District of New York permitted two separate class actions against Sony Music Entertainment, Inc. (“Sony”) and Universal Music Group (“UMG”), respectively, to proceed. The class actions, styled Johansen v. Sony Music Entertainment, Inc. and Waite v. UMG Recordings, Inc. were brought by musicians and songwriters David Johansen, John Lyon (a.k.a Southside Johnny), Paul Colins (from Paul Collins’ Beat), John Waite, Joe Ely,… Read more

Apr 1, 2020

Update on USPTO and U.S. Copyright Office Extensions and Adjustments

On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which provides, in part, the United States Patent and Trademark Office (USPTO) with the authority during the current emergency to “toll, waive, adjust, or modify any timing deadline established,” in the Patent Act, Trademark Act, and the Copyright Act, including regulations implementing timing deadlines. Before taking such action, the USPTO must determine that the COVID-19 emergency “(1) materially affects the functioning of the patent and trademark office; (2) prejudices the rights of applicants, registrants, patent owners, or others appearing before the office; or… Read more