Intellectual Property Legal Services
Distinctive product packaging can become a valuable trademark asset. Under trademark law, the overall appearance of packaging may function as trade dress, meaning that consumers recognize the combination of visual features as identifying a particular source. A recent decision from the U.S. District Court for the Eastern District of New York illustrates both the scope … Read more
Artificial intelligence has dramatically changed advertising by allowing advertisers to create realistic digital people, voices, and performances without using traditional actors or models. Effective June 9, 2026, New York General Business Law § 396-b imposes new disclosure obligations on businesses that use “synthetic performers” in commercial advertising. What Is a Synthetic Performer? (And Why it … Read more
In United States v. Heppner, No. 1:25-cr-00503 (S.D.N.Y.), Judge Jed S. Rakoff ruled from the bench that documents prepared by a criminal defendant using a commercial AI platform are not protected by the attorney-client privilege or work product doctrine, even though the defendant shared those materials with his attorneys. The decision represents one of the … Read more
Trademark law in the United States has long protected words, logos, and slogans that identify the source of goods and services. Increasingly, however, brand owners—and now celebrities—are turning to non-traditional trademarks to protect distinctive elements that fall outside conventional word and design marks. These developments are occurring against a backdrop of rapid technological change, including … Read more
INTRODUCTION Nearly fifteen years ago, we highlighted a core principle of intellectual property protection: delay is the enemy of rights. That message remains true today. In Intellectual Property matters, delay is often the costliest mistake a business can make. Filing early, documenting early, responding early, and contracting early all dramatically increase the chances of securing … Read more
Businesses often think of trademarks as a legal formality or a brand identity tool. But collaborative research conducted by the U.S. Patent and Trademark Office and the U.S. Census Bureau reveals that trademarks are far more than just symbols. The results of the research reveal that trademarks play a critical role in business growth, survival, … Read more
A highly effective—yet often underutilized—tool in the intellectual property enforcement arsenal is recording trademarks and copyrights with U.S. Customs and Border Protection (CBP). While registration with the U.S. Patent and Trademark Office (USPTO) or the U.S. Copyright Office provides the foundation for protection, recording those rights with CBP empowers the agency to take direct action … Read more
In the United States, the law governing patent rights includes provisions designed not only to protect inventors and patent owners but also to provide public notice of those rights. One such provision is the patent marking requirement, which directly affects a patent owner’s ability to recover damages from an infringer. Under 35 U.S.C. 287(a), a … Read more
Safeguarding Trade Secrets The law protects trade secrets from misappropriation, that is, the acquisition of a trade secret by improper means. “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a confidential relationship or duty to maintain secrecy, or espionage through electronic or other means. A trade secret is defined as … Read more
Personal Individual Information (PII), also known as “personal data” or “personal information,” is information that identifies, relates to, describes or that is linked or reasonably linkable to an identifiable individual. Certain types of PII are categorized as sensitive information. Sensitive data can usually only be processed with the individual’s explicit consent, unless the data is … Read more
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