Tag: News

Intellectual Property

Yes, Virtual Goods Are Still Goods for Trademark Purposes

Written by Bryse Thornwell On July 23, 2025, in a significant update for the evolving intersection of intellectual property and blockchain technology, the United States Court of Appeals for the Ninth Circuit issued a unanimous opinion affirming critical trademark principles as they apply to non-fungible tokens (“NFTs”) and digital assets. See Yuga Labs, Inc. v. Ripps, et al, Case No. 24-879.[1] The opinion, written by … Continue reading Yes, Virtual Goods Are Still Goods for Trademark Purposes

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Immigration

Trump Administration To Enforce Registration, Address Requirements

Written by David Rugendorf and David Wulkan The Trump administration is signaling its intent to more rigorously enforce certain provisions of the Immigration and Nationality Act which, although they have been in existence for quite some time, have not previously been as strictly enforced. On February 25, 2025, the Department of Homeland Security announced that it will require foreign nationals to: (See Department of Homeland … Continue reading Trump Administration To Enforce Registration, Address Requirements

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Cybersecurity, Regulatory

Navigating “Pen Register” Law in the Digital Age:  Court Rules the Law Applies to Website Tracking Technologies

Written by Albina Gasanbekova and Lucy Holmes Plovnick, AIGP, CIPP/US On February 20, 2025, the United States District Court for the Southern District of New York recognized that online tracking technologies that collect IP addresses may fall under California’s “Pen Register” law, known as Section 638.51 of the California Invasion of Privacy Act (“CIPA”), which prohibits the use of physical recording devices for telephone communications without … Continue reading Navigating “Pen Register” Law in the Digital Age:  Court Rules the Law Applies to Website Tracking Technologies

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MSK Blog

Heckman v. Live Nation: Ninth Circuit Hold Mass Arbitration Clause to Be Unconscionable

Written by Karin Pagnanelli and Stacey Chuvaieva Earlier last week, the Ninth Circuit affirmed a District Court’s decision in Heckman v. Live Nation Entertainment Inc., finding that the delegation clause of Ticketmaster’s arbitration agreement is unconscionable, that the arbitration agreement as a whole is unconscionable, and that the application of California’s unconscionability law is not preempted by the Federal Arbitration Act (FAA). This ruling carries significant … Continue reading Heckman v. Live Nation: Ninth Circuit Hold Mass Arbitration Clause to Be Unconscionable

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Intellectual Property

9th Circuit Applies Rogers Test to “Punchbowl” Case

Written by Chloe N. George This week, the Ninth Circuit affirmed the Central District of California’s summary judgment in favor of AJ Press, LLC, owner of Punchbowl News, against Punchbowl, Inc. in a trademark infringement action under the Lanham Act.[1] The Ninth Circuit applied the Rogers test, established by Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989) and adopted by the Ninth Circuit in … Continue reading 9th Circuit Applies Rogers Test to “Punchbowl” Case

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