Jaburg Wilk

News/Publications

Intellectual Property

  • Congress Creates a Small Claims Court for Copyright Infringement (The CASE Act)

    Congress Creates a Small Claims Court for Copyright Infringement (The CASE Act)

    The Copyright Alternative in Small-Claims Enforcement Act of 2019 (the “CASE Act”) was buried in the enormous COVID relief and stimulus bill (i.e., the Consolidated Appropriations Act for 2021) and signed into law on December 27, 2020. Copyright owners and accused infringers should take note of the advantages and limitations of the new “small claims” court created by the CASE … Read More

    Categories: Intellectual Property, Article

  • Congress Hands Trademark Owners New Tools to Fight Infringers and Challenge Fraudulent Registrations: The Trademark Modernization Act of 2020

    Congress Hands Trademark Owners New Tools to Fight Infringers and Challenge Fraudulent Registrations: The Trademark Modernization Act of 2020

    The Trademark Modernization Act of 2020 (the “TMA”) was buried in the enormous COVID relief and stimulus bill (i.e., the Consolidated Appropriations Act for 2021), signed into law on December 27, 2020. The TMA amends federal trademark law in several significant ways of which trademark owners should take note.

    Rebuttable Presumption of Irreparable Harm.

    One of the most important types of … Read More

    Categories: Intellectual Property, Article

  • Making Every Dollar Count: Should Startups and Small Businesses Register Their Trademarks?

    Making Every Dollar Count: Should Startups and Small Businesses Register Their Trademarks?

    How important is reputation in your line of work? What is it worth? Does it matter that others associate your company with consistently high-quality goods or services? That your company represents a strong value-add proposition? That your company was easy to work with and exceeded expectations? And how do customers find you? Word-of-mouth? Marketing efforts? Search-engine optimization?

    A Trademark is the … Read More

    Categories: Intellectual Property, Article

  • Trademark Trolls Circling Redskins Unlikely to See Big Pay Day

    Trademark Trolls Circling Redskins Unlikely to See Big Pay Day

    For decades, the Washington Redskins’ name has been the center of controversy, both in federal court and in the court of public opinion. Native American groups have long decried the name as a racial slur and have challenged the name in court and in the media. Until recently, the NFL team stood firm in its defense of the name. In the wake of mass protests against institutional racism following the murder of … Read More

    Categories: Intellectual Property, Article

  • Generic.Nope: Supreme Court Deems BOOKING.COM a Distinctive, Registrable Mark

    Generic.Nope: Supreme Court Deems BOOKING.COM a Distinctive, Registrable Mark

    The U.S. Supreme Court has ruled that Booking.com B.V., the owner of the hotel-reservation website of the same name, is entitled to register the mark BOOKING.COM with the United States Patent and Trademark Office (“USPTO”). In doing so, the Court rejected the USPTO’s nearly per se rule that adding “.com” to a generic term can never create a distinctive and registrable mark. The Court … Read More

    Categories: Intellectual Property, Article

  • Catch a Tiger by the Toe: How the Tiger King Got Caught (for Copyright Infringement)

    Catch a Tiger by the Toe: How the Tiger King Got Caught (for Copyright Infringement)

    Caution: Spoilers Ahead. Netflix’s wildly popular documentary series Tiger King: Murder, Mayhem and Madness continues to capture the imagination of the public as countless media reports and a follow-up Netflix episode chronicle the various developments and characters featured in the show.

    The true-crime drama highlights various legal missteps of “Tiger King” Joe Exotic, an eccentric big-cat … Read More

    Categories: Intellectual Property, Article

  • Beating Tigers: How Carol Baskin Slayed the Tiger King (with Trademark Law)

    Beating Tigers: How Carol Baskin Slayed the Tiger King (with Trademark Law)

    Caution: Spoilers Ahead. Netflix’s documentary series “Tiger King” is currently the number one show on the streaming service and one of the most talked about shows in media. The series explores the peculiar world of private, big-cat zoos and the strange characters that run them. The show centers on an escalating feud between the “Tiger King” Joe Maldonado-Passage, aka Joe Exotic, … Read More

    Categories: Intellectual Property, Article

  • How Private is Zoom® Videoconferencing?

    How Private is Zoom® Videoconferencing?

    Many of us find ourselves attending meetings by video conference, such as Zoom. You might even be having confidential interactions with your clients, medical providers, or legal providers. If you are wondering how secure those interactions are, we analyzed Zoom’s security, legal, and privacy policies (which were updated on March 18, 2020) to help you stay informed without having to read all the fine print. … Read More

    Categories: Intellectual Property, Article

  • Register Your Copyrights Early or Say Goodbye to Statutory Damages and Attorney’s Fees

    Register Your Copyrights Early or Say Goodbye to Statutory Damages and Attorney’s Fees

    One of the important benefits that come from registering copyrighted works early is the ability to seek statutory damages and attorney’s fees from a copyright infringer in a lawsuit. It is only when copyright owners register their work before copyright infringement begins (or within three months after first publication of that work) that they become eligible for an award of statutory damages and attorney& … Read More

    Categories: Intellectual Property, Article

  • How Amazon’s Liability for Third Party Products Will Harm Amazon Sellers

    How Amazon’s Liability for Third Party Products Will Harm Amazon Sellers

    In late 2019, the U.S. Court of Appeals for the Third Circuit held Amazon liable as the seller of a third-party's dog collar that broke causing the retractable leash to recoil, hitting and blinding the purchaser in one eye. The court strained to find a remedy for the injured woman when the actual third-party seller of the leash had disappeared. In yet another instance of bad facts making bad law, the ruling has … Read More

    Categories: Intellectual Property, Article