Writings by William R. Samuels

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Intellectual Property Cases to Watch in 2020

2020 is poised to be a big year for intellectual property law… With several important cases at the U.S. Supreme Court and others working their way to the country’s highest court, 2020 is poised to be a big year for intellectual property law. Below is a brief summary of several cases our IP attorneys will […]

Author: William R. Samuels

February 17, 2020

SCOTUS

Supreme Court Adds Booking.com Trademark Suit to IP Docket

SCOTUS Recently Granted Certiorari in United States Patent and Trademark Office v. Booking.com B.V. The U.S. Supreme Court recently granted certiorari in United States Patent and Trademark Office v. Booking.com B.V. The issue before the Court is whether the addition of a generic top-level domain (“.com”) to an otherwise generic term can create a protectable […]

Author: William R. Samuels

December 19, 2019

U.S. Supreme court

SCOTUS Decision in Tech Battle Can Reshape Copyright Law

The U.S. Supreme Court Will Have the Final Word in an Epic Legal Battle Between Google and Oracle, Which Could End Up Reshaping Copyright Law The U.S. Supreme Court will have the final word in an epic legal battle between Google and Oracle. The case involves whether Google committed copyright infringement when it copied Oracle’s software code to […]

Author: William R. Samuels

December 12, 2019

SCOTUS Declines to Hear ADA Website Accessibility Suit

SCOTUS Recently Declined Domino’s Pizza Inc.’s Appeal Over Whether its Website Runs Afoul of the Americans With Disabilities Act (ADA) The U.S. Supreme Court recently denied Domino’s Pizza Inc.’s appeal over whether its website runs afoul of the Americans With Disabilities Act (ADA). The denial leaves in place the Ninth Circuit’s decision holding that the ADA […]

Author: William R. Samuels

November 22, 2019

Five Ways to Enforce Your Trademark Rights

A Company’s Brand Names, Logos and Designs are Often Among its Most Valuable Assets, Which is Why it is Important to Know When and How to Enforce Your Trademark Rights A company’s brand names, logos, and designs are often among its most valuable assets. In addition to securing federal trademark protection, it is critical to […]

Author: William R. Samuels

August 12, 2019

SCOTUS Adds Pirate Ship Copyright Case to Docket

The U.S. Supreme Court Has Added a Copyright Infringement Case Involving Blackbeard’s Pirate Ship to its Docket for Next Term The U.S. Supreme Court has added a copyright infringement case involving Blackbeard’s pirate ship to its docket for next term. On a practical level, the issue in Allen v. Cooper is the extent to which […]

Author: William R. Samuels

August 6, 2019

U.S. Supreme court

Copyright owners must register their copyrights before filing suit in court

Supreme Court of United States Rules Copyright Owners Must Register Copyright Prior to Suit You may have heard, the U.S. Supreme Court ruled that a copyright owner can’t file an infringement lawsuit until the U.S. Copyright Office has granted a copyright registration for the subject work of concern. Once it has done so, a copyright owner may […]

Author: William R. Samuels

March 20, 2019

Do I need to register my cannabis trademark in Canada?

Canada’s Legalization of Recreational Marijuana and Overhaul of its Trademark Law is Fueling Cannabis Trademark Registrations Canada’s legalization of recreational marijuana and overhaul of its trademark law is fueling cannabis trademark registrations. But is it time for U.S. companies to follow suit? USPTO’s Refusal to Register Trademarks Cannabis remains a Schedule I substance in the U.S. under the federal Controlled Substances Act (CSA). Cannabis businesses therefore often face difficulties […]

Author: William R. Samuels

February 21, 2019

How Much Creativity Is Necessary for Copyright Protection?

A Recent Federal Court Decision Considers the Amount of Creativity Required for Copyright Protection A recent federal court decision involving the alleged copyright infringement of teeth photographs is generating attention, both for its excessive puns and its interpretation of the amount of creativity required for copyright protection. “Meeting the standard for creativity is not like […]

Author: William R. Samuels

January 10, 2019

New DMCA Exemptions Allow Users and Third Parties to Repair Electronic Devices

The U.S. Copyright Office Recently Published its Final Rules Regarding DMCA Exemptions The U.S. Copyright Office recently published its final rules regarding exemptions to the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA). It is now legal to “jailbreak” your Amazon Alexa, unlock your new iPhone, and repair your own smart appliance without running afoul […]

Author: William R. Samuels

December 18, 2018

US Supreme Court Agrees to Tackle Dispute Over Copyright Costs

The U.S. Supreme Court recently added another intellectual property case to its docket. In Rimini Street, Inc. v. Oracle USA Inc., the justices will determine the scope of available costs that may be recovered in a copyright infringement action.

Author: William R. Samuels

November 7, 2018

U.S. Supreme court

Federal Bill Clarifies Trademark Licensing by Franchises

Franchise owners would get much-needed legal clarity under proposed trademark legislation. The Trademark Licensing Act of 2018 clarifies that the licensing of a trademark does not create an employment or principal-agent relationship.

Author: William R. Samuels

November 5, 2018

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