Intellectual Property, Information Technology & Cybersecurity

Shareholder Irina Plumlee was quoted in a recent article in TechTarget, which discusses the new E-Verify automation feature Paychex, Inc. is adding to its platform.

Read the entire article.

Author: Tom Walker

On 24 August 2019 various news organisations reported that NASA was investigating a potential criminal offence, namely that astronaut Anne McClain had unlawfully accessed her estranged spouse's bank account from the International Space Station (ISS).

Interesting questions of jurisdiction clearly arise.  The ISS is basically a research laboratory orbiting the earth at up to 410 km altitude, launched as a result of a collaboration between different nations and the European Space Agency, as set out in a series of Intergovernmental Agreements and Memoranda of Understanding.

Read more: Criminal Jurisdiction in Outer Space

The U.S. Patent and Trademark Office (USPTO) adopted a new rule requiring all foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal Board (TTAB) proceedings to be represented by an attorney who is licensed to practice law in the United States.

The requirement applies to all trademark applicants, registrants, and parties whose permanent legal residence or principal place of business is outside the United States. These applicants, registrants, and parties are required to have a U.S.-licensed attorney represent them at the USPTO in all trademark matters.

Read more: Rule Change Requiring U.S. Attorney for Foreign Trademark Applicants and Registrants

Adidas has had success protecting its Originals trade mark by cancelling a similar trade mark based on a cannabis leaf.

In August 2017, Addicted Original Ltd ("Addicted") registered a UK figurative trade mark depicting, in black and white, a symmetrical cannabis leaf with five horizontal black lines intersecting the lower section above the word in a stylised font "addicted".  The trade mark was registered in classes 25, 35, 36 and 42.

Read more: Adidas Trade Mark Decision Review

Schnader’s Intellectual Property Practice Group and the Creditors’ Rights and Business Restructuring Practice Group published two client alerts assessing the impact of recent Supreme Court decisions.

In “Supreme Court: Licensees Retain Trademark Rights After Rejection Under Section 365 of the Bankruptcy Code,” Daniel M. Pereira considers the decision in Mission Product Holdings, Inc. v. Tempnology, LLC, which resolves what was substantively one of the more significant circuit court splits existing under the Bankruptcy Code. The Court’s decision hands a clear victory to trademark licensees, and provides some certainty regarding the continued viability of a licensee’s trademark rights following the bankruptcy filing of a counterparty licensor.

Read more: Assessing the Impact of Recent Supreme Court Decisions on Intellectual Property and Creditors’...