The digital economy is built around speed, simplicity and more efficient ways of doing things. Data security and privacy is expected but is often negotiable as consumers are enticed to trade private information for efficiency or more attractive offers. In
Intellectual Property
10th Circuit Moves Forward with Supreme Court Directive: Domestic Anchor Required for Lanham Act Application
** Drew Engel, a Summer Associate in NRF’s Minneapolis office, assisted with this article. Drew is supervised by attorneys who are licensed in the state of Texas.**
The Tenth Circuit’s recent decision in Hetronic Int’l Inc. v. Hetronic Germany GmbH…
Supreme Court Rules Section 2(c) of Lanham Act Constitutional and TRUMP TOO SMALL Not Registrable
** Logan Woodward, a Summer Associate in NRF’s Minneapolis Office, assisted with this article. Logan is supervised by attorneys who are licensed in the State of Texas. **
In June 2024, the Supreme Court held in Vidal v. Elster that…
Trademarks and NFTs: The battle over “MetaBirkin” NFTs continues
** This article was drafted by Logan Woodward, a Summer Associate in NRF’s Minneapolis Office. Logan is supervised by attorneys who are licensed in the State of Texas.
The MetaBirkin dispute continues before the United States Court of Appeals for…
United States Supreme Court sidesteps discovery rule question and allows copyright owners to recover damages without time limit
The Copyright Act provides that a copyright owner must bring an infringement claim within three years of its accrual. See 17 U. S. C. §507(b). In Warner Chappell Music, Inc., et al., Petitioners v. Sherman Nealy, et al., 601…
Trade Secrets Triumph: Mega RMB201.54m Verdict
On January 17, 2024, the Supreme People’s Court of China (“SPC”) published its decision upholding a ruling in favor of Sennics Chemical Technology Co., Ltd. (“Sennics”), granting them an award of RMB 201.54 million (around USD…
The TTAB’s Periodic Reminder that Deadlines Matter
In a decision earlier this year, the Trademark Trial and Appeal Board (“Board”) dismissed as moot a cancellation proceeding filed by Men’s Wearhouse, LLC against WKND NYC LLC for the mark

(hereinafter, “MW MRWKND”) because Men’s Wearhouse filed the cancellation…
EVERYBODY is VS RACISM, so the Mark Fails as a Source Identifier
In a recent decision, the United States Court of Appeals for the Federal Circuit affirmed the decision of the Trademark Trial and Appeal Board (“Board”) to deny registration of “EVERYBODY VS RACISM” because the “public is unlikely to associate the…
Who’s in control? Liability for copyright infringement by contractors and software developers
The High Court recently delivered its decision in Real Estate Tool Box v Campaigntrack 1 relating to copyright authorisation.
The High Court held that the appellants, who had engaged a third party software developer to create a real estate…
Trade Marks in the Virtual World: Is your Business Well Meta-Versed in Emerging Technology?
Introduction
Digital technologies such as the metaverse, non-fungible tokens (NFTs), blockchain and augmented realities are directly influencing how we cultivate and protect various forms of intellectual property, including trade marks.
We have previously written about key steps…