Intellectual Property

Scarinci Hollenbeck's Intellectual Property practice group handles all aspects of domestic and international IP matters, including trademarks, copyrights, patents, IP enforcement and defense, IP licenses and agreements, domain names, and much more. The Intellectual Property practice group is made up of accomplished practitioners with many years of experience who regularly publish articles relating to the industry. To keep up to date on these articles, please subscribe to our email list.

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Scarinci Hollenbeck remains committed not only to providing top-tier legal services but also to regularly providing information and resources to our client base and internet following. Client Alerts provided by our attorneys supply businesses, municipalities, and more with the latest and relevant legal updates that may impact them and how they might be able to proceed.

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What Is a Trade Secret? Key Elements and Legal Protections Explained

What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]

Author: Ronald S. Bienstock

February 14, 2025

Trade Secrets

Obtaining Licensing Rights for Your Broadway or Off-Broadway Production

Most Broadway and off-Broadway productions require the licensing of third-party rights. Whether you are looking to turn an existing literary work into the next award-winning musical or incorporate a popular musician’s song into your production, you will need to obtain these rights. Because negotiating licensing rights can be a daunting endeavor, it is always advisable […]

Author: Brian D. Spector

July 25, 2024

Federal Circuit Shakes Up Test for Obtaining and Enforcing Design Patents

The Federal Circuit Court of Appeals upended decades of case law in a recent decision involving design patents. In LKQ Corp. v. GM Global Technology Operations LLC, the Federal Circuit established a new standard for assessing the nonobviousness of design patents under 35 U.S.C. § 103, holding that design patents should be subject to the […]

Author: Ronald S. Bienstock

June 14, 2024

Navigating the CPSC’s New Requirements for Button Cell and Coin Batteries

After a period of delayed enforcement, compliance is now required for several provisions of Reese’s Law (P.L. 117-171), which mandates federal safety requirements for button cell or coin batteries. To avoid unintended liability, manufacturers, importers, consumer products using such batteries, and distributors of button cell or coin batteries must be sure to understand their new packaging, performance, […]

Author: Ronald S. Bienstock

April 12, 2024

Entertainment Contracts: Insider Tips

Whether you’re a performer, investor, producer, or other entertainment industry professional, drafting proper entertainment contracts is key to reducing legal exposure, protecting your intellectual property, and avoiding misunderstandings. The entertainment industry employs and involves a variety of contracts including, among others, music recording contracts, distribution agreements, management contracts, and performance agreements. In an industry […]

Author: Albert J. Soler

February 5, 2024

Creator of Captain Cannabis Trademark Triumphs Again

Captain Cannabis continues to make a name for himself, with the comic book character now linked with binding trademark precedent. The dispute over the “Captain Cannabis” trademark involved who had priority of using the cannabis trademark in comic books. The Trademark Trial and Appeal Board (TTAB) ultimately concluded that Petitioner Laverne John Andrusiek had made […]

Author: Daniel T. McKillop

January 18, 2024

Legal Victory

Patent Litigation Primer: the Five Things You Need to Know

A patent is a limited government grant awarded to an inventor in exchange for the disclosure of her invention to the public. To secure your intellectual property, it is important to understand how patents work… The Patent Right A patent is a limited government grant awarded to an inventor in exchange for the disclosure of […]

Author: Joseph M. Manak

October 9, 2023

Copyright Office Says Streamers on the Hook for Late Fees

The U.S. Copyright Office recently addressed when fees for late royalty payments should be assessed under the Music Modernization Act’s blanket mechanical license. Under the Office’s Interpretive Rule, effective September 5, 2023, digital music royalty late fees begin accruing for digital music providers 45 days after the end of a monthly reporting period, even if the […]

Author: Albert J. Soler

October 5, 2023

What Issues Arise When AI Uses Copyrighted Works?

Questions surrounding artificial intelligence (AI) and copyright are evolving quickly... Questions surrounding artificial intelligence (AI) and copyright are evolving quickly. One of the key issues and intricacies involves content produced by “generative AI” computer programs (discussed below), whether the content is entitled to copyright protection, and how training and using these programs may infringe existing […]

Author: Albert J. Soler

September 11, 2023

Will College Athlete NIL Legislation Cross the Finish Line?

Several important bills protecting the “name, image and likeness” (NIL) rights of college athletes are currently under consideration and review in Congress... Several important bills protecting the “name, image and likeness” (NIL) rights of college athletes are currently under consideration and review in Congress. While the bills share a common goal and theme, they each […]

Author: Albert J. Soler

September 8, 2023

NCAA

Supreme Court Limits Lanham Act’s Extraterritorial Application

In a recent milestone ruling, SCOTUS held that the Lanham Act cannot be invoked as a remedy for instances of trademark infringement that transpire exclusively beyond the borders of the United States. In a recent milestone ruling, the U.S. Supreme Court held in Abitron Austria GmbH, et al. v. Hetronic International, Inc (“Abitron”) that the Lanham […]

Author: Michael J. Sheppeard

August 23, 2023

Why You Should Be Vigilant About Your Trademark Rights

It is imperative that intellectual property owners police and protect their trademarks from unauthorized use... It is imperative that intellectual property owners police and protect their trademarks from unauthorized use. Recently, in a precedential decision by the Trademark Trial and Appeal Board (“TTAB” or “Board”), the TTAB held that Advance Magazine Publishers Inc. (“AMP”), which […]

Author: Albert J. Soler

August 3, 2023

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