Business and Legal Insights

Luxury fashion brand Hermès sued Mason Rothschild in January 2022 alleging that the digital images underlying the non-fungible tokens (“NFTs”) produced and sold by Rothschild depicting faux fur-covered Birkin handbags – the “MetaBirkins” – constituted trademark infringement and dilution and that...Read More

Intellectual property rights can get muddled in the “real world” and with the advent of virtual worlds, such as the Metaverse, this will only further complicate matters for brand owners who will now have to monitor and enforce their rights in the boundless virtual world. Indeed, legal disputes are already surfacing in the...Read More

The Trademark Modernization Act (TMA) was signed into law December 27, 2020. Importantly, the burden shifting provision for trademark owners in litigation seeking preliminary or permanent injunctive relief was made effective immediately.Read More

A failure to address IP considerations can have a devastating and lasting impact—including a permanent loss of IP rights and a risk of costly litigation—which ultimately hinders the ability to grow from a startup into a thriving, successful company.Read More

The Supreme Court of the United States held unanimously in Romag Fasteners Inc. v. Fossil Inc., et al., 140 S. Ct. 1492 (2020) that a plaintiff in a trademark infringement suit does not have to prove willfulness for an award of defendant’s ill-gotten profits as damages under the Lanham Act.Read More

This article appeared in the Daily Business Review on July 28, 2020. Commentary provided by Eric C. Christu and Jodi-Ann Tillman. Read More