Copyright Office Accepting Electronic Applications
Copyright Offices Announces Temporary Changes to Deposit Copy Requirements Written by Alesha M. Dominique and Marissa B. Lewis The United States Copyright Office has announced that it will temporarily accept electronic deposit copies to facilitate remote examination of electronic applications which ordinarily must be accompanied by physical deposits during the COVID-19 pandemic. This measure, effective as of April 2, 2020, is optional and does not … Continue reading Copyright Office Accepting Electronic Applications
Paycheck Protection for Non-Profits
Charitable Organizations May Apply for Forgivable Loans Under the CARES Act
Written by David Wheeler Newman and Jean Nogues
As part of the unprecedented $2 Trillion stimulus package (the CARES Act), charitable organizations exempt under Internal Revenue Code section 501(c)(3) with 500 or fewer employees may apply for loans under the Paycheck Protection Program (PPP) provision of the Act.
All loans to qualifying charities will have the same terms: Continue reading “Paycheck Protection for Non-Profits”
Freedom of Squeak: The Ninth Circuit Finds First Amendment Protection For Parody Dog Toy
Written by Marc E. Mayer and Theresa B. Bowman
In VIP Products v. Jack Daniel’s Properties, Inc., No. 18-16012 (9th Cir. March 31, 2020), the Court of Appeals for the Ninth Circuit held this week that a rubber dog toy designed to resemble a bottle of Jack Daniel’s Black Label Tennessee Whiskey — the “Bad Spaniels Silly Squeaker” — is an “expressive work” and therefore entitled to interpose a First Amendment defense against the whiskey company’s trademark infringement claims.
The lawsuit began in 2014 when Jack Daniel’s demanded that VIP Products stop selling the Bad Spaniels on trademark infringement grounds. The manufacturer filed suit asking an Arizona District Court to weigh in and determine whether the whiskey bottle was entitled to trademark protection at all. Jack Daniel’s responded with trademark infringement and trademark dilution claims, arguing that the dog toy diluted the commercial power, meaning and value of its brand by tarnishing what the image of the iconic whiskey bottle represents. The District Judge agreed with Jack Daniel’s that there was a high likelihood of consumer confusion between the products and ordered VIP Products to stop making and selling the Bad Spaniels toy. Continue reading “Freedom of Squeak: The Ninth Circuit Finds First Amendment Protection For Parody Dog Toy”
MSK Scores a Win for Activision in “Call of Duty” Trademark Litigation
Written by Lillian Lee and Timothy M. Carter
On March 31, 2020, District Judge George B. Daniels of the Southern District of New York granted MSK’s motion for summary judgment filed by Video Game Practice Co-Chairs Karin Pagnanelli and Marc E. Mayer on behalf of Activision Blizzard, Inc., Activision Publishing, Inc., and Major League Gaming Corp. (“Defendants”), dismissing all of Plaintiff AM General’s claims for trademark and trade dress infringement, unfair competition, false designation of origin, false advertising, and dilution under the Lanham Act and New York law. AM General, the manufacturer of the High Mobility Multipurpose Wheeled Vehicle (colloquially known as the Humvee), filed its suit in November 2017, alleging that some of Activision’s popular Call of Duty games and associated strategy guides and toys depicted the Humvee without AM General’s authorization. Continue reading “MSK Scores a Win for Activision in “Call of Duty” Trademark Litigation”
Furthering the Fight Against COVID-19
Written By Susan Kohn Ross
If you or your organization are interested in helping to fight the spread of COVID-19, please see this page on FEMA’s website for more information. Examples for the private sector include the following as stated by FEMA:
- To sell medical supplies or equipment to the federal government, please submit a price quote under the COVID-19 PPE and Medical Supplies Request for Quotation. Full details can be found in the solicitation (Notice ID 70FA2020R00000011).
- This solicitation requires registration with the System for Award Management (SAM) in order to be considered for award, pursuant to applicable regulations and guidelines. Registration information can be found at http://www.sam.gov. Registration must be “ACTIVE” at the time of award.
- If you have medical supplies or equipment to donate, please provide us details on what you are offering.
- If you are a private company that wants to produce a product related to the COVID response – email nbeoc@max.gov.
- If you are a hospital or healthcare provider in need of medical supplies, please contact your state, local, tribal or territory department of public health and/or emergency management agency.
- If you are interested in doing business with FEMA and supporting the response to COVID- 19 with your company’s non-medical goods and/or services, please submit your inquiry to the Department of Homeland Security (DHS) Procurement Action Innovative Response Team (PAIR) team at DHSIndustryLiaison@hq.dhs.gov.
Pardon The Interruption, Yet Again
Business Interruption Update Written by Jean Pierre Nogues In an earlier post, we reported that efforts were underway in Congress and New Jersey to get insurers to pay business interruption losses for the COVID-19 pandemic even in the face of exclusions for causes, such as viruses and other biological agents. Massachusetts, Ohio, and, most recently, New York have joined in this effort and are now … Continue reading Pardon The Interruption, Yet Again
USPTO Extensions
The USPTO Extends Certain Trademark Deadlines Amid COVID-19 Disruptions
Written by Alesha M. Dominique and Marissa B. Lewis
The United States Patent and Trademark Office (“USPTO”) announced earlier this week a thirty-day extension of certain trademark deadlines due to the ongoing COVID-19 pandemic. The extension applies broadly to trademark deadlines that fall between March 27, 2020 and April 30, 2020, including, in particular:
- Responses to office actions, including notices of appeal from a final refusal;
- Statements of use or requests to extend the time to file a statement of use;
- Notices of opposition or requests to extend the time to file a notice of opposition;
- Priority filings;
- Transformations of international registration into a national trademark application;
- Affidavits of use or excusable nonuse; and
- Renewal applications.
Fortnite Is Nearly Free From Pellegrino Suit Over Dance Moves
Written by Sofia Castillo
On March 31st, the Eastern District of Pennsylvania dismissed with prejudice all but one of plaintiff’s claims in Pellegrino v. Epic Games, No. 19-1806 (E.D. Pa. Mar. 31, 2020). As in several other recent cases, the dispute in Pellegrino arose out of an unauthorized use of dance moves in the popular video game Fortnite Battle Royale. Unlike those other cases, however, instead of suing for copyright infringement, professional saxophone player Leo Pellegrino brought claims for misappropriation of likeness and for trademark infringement under both the Lanham Act and Pennsylvania state law.
Pellegrino alleged that he developed a signature dance move while playing the saxophone. He further alleged that one of Fortnite’s “emotes,” the “Phone It In,” plays a saxophone while dancing and thus misappropriates and infringes that signature dance move. Continue reading “Fortnite Is Nearly Free From Pellegrino Suit Over Dance Moves”
COVID-19 Client Communication, Vol. 5
Below please find our latest alerts surrounding COVID-19 and its effect on various policies and laws, ranging from labor law (i.e., FFCRA) to the world of corporate governance and securities (i.e., SEC). As always, feel free to read and share these alerts, and contact us if there is anything we can do to help you or your business maintain compliance in this ever-evolving situation. Continue reading “COVID-19 Client Communication, Vol. 5”
NLRB Advice on COVID-19
NLRB’s General Counsel Issues Advice Concerning COVID-19
Written by Jonathan Turner
As federal, state and local measures are being enacted to help curb the spread of the Coronavirus, the General Counsel for the National Labor Relations Board (“NLRB”) recently issued a memo intended to assist the public, employers and unions in analyzing the impact that emergency decision-making by unionized employers have on collective bargaining obligations. The memo issued on March 27, 2020, and is directed to the Regional Directors, Officers-in-Charge and Resident Officers of the several NLRB field offices throughout the country. The General Counsel has the sole statutory authority to determine whether to issue an unfair labor practice complaint for alleged violations of the National Labor Relations Act, including violations based on an employer’s alleged failure to bargain with a union over changes in business operations affecting employees represented by the union. Continue reading “NLRB Advice on COVID-19”
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