Writings by David A. Einhorn

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Will Your Business Be Impacted by the Current Trademark Surge at the USPTO?

The U.S. Patent and Trademark Office (USPTO) recently acknowledged that it is facing a surge in trademark filings... The U.S. Patent and Trademark Office (USPTO) recently acknowledged that it is facing a surge in trademark filings. More importantly, the USPTO is struggling to keep up, leading to longer response times for many trademark owners and […]

Author: David A. Einhorn

July 15, 2021

USPTO

Supreme Court Sided with Google in Landmark Copyright Suit

The U.S. Supreme Court recently held that Google’s inclusion of Oracle’s software code in its Android mobile operating system constituted fair use under U.S. copyright law... The U.S. Supreme Court recently held that Google’s inclusion of Oracle’s software code in its Android mobile operating system constituted a fair use under U.S. copyright law. The 6-2 […]

Author: David A. Einhorn

June 4, 2021

Does Your Business Need to Comply with Virginia’s New Data Privacy Law?

Virginia has recently joined the growing list of states with their own comprehensive data privacy laws... Virginia has recently joined the growing list of states with their own comprehensive data privacy laws. The Consumer Data Protection Act (CDPA), which incorporates elements of the European Union’s General Data Protection Regulation (GDPR), as well as the California […]

Author: David A. Einhorn

June 3, 2021

Baby Food Companies Face Class Action Suits Regarding Toxic Chemicals

In the wake of a congressional report revealing high levels of heavy toxic metal contamination in several brands of popular baby food, class-action lawsuits are mounting... In the wake of a congressional report revealing high levels of heavy toxic metal contamination in several brands of popular baby food, class-action lawsuits are mounting. Most recently, several plaintiffs filed […]

Author: David A. Einhorn

May 28, 2021

Class Action Lawsuit

Can the Taste of Food be Eligible for Copyright Protection?

In Levola Hengelo BV v. Smilde Food BV (Case C-310/17), the Court of Justice of the European Union (CJEU) recently held that the taste of food is not eligible for copyright protection... While copyright protection has traditionally been limited to creative expressions of artistic and literary nature, such as novels, paintings, and musical compositions, courts […]

Author: David A. Einhorn

May 13, 2021

Court Rules American Girl Must Face Astronomer’s False Endorsement Suit Over Astronaut Doll

Photo caption: Lucianne M. Walkowicz photo courtesy of: TED.com American Girl photo courtesy of: Toybook.com In a recent trademark lawsuit, astronomer Lucianne M. Walkowicz contends that American Girl’s popular 2018 Girl of the Year doll uses features of Walkowicz’s identity… Astronomer Lucianne M. Walkowicz contends that American Girl’s popular 2018 Girl of the Year doll, […]

Author: David A. Einhorn

March 24, 2021

Lanham Act

Peloton Claims Genericide in Seeking to Cancel Spinning Trademark

Despite having one of the most popular high-end exercise bikes, Peloton Interactive, Inc. can’t use the terms “spin” and “spinning” when advertising its products. While Peloton Interactive, Inc.’s (Peloton) sales have surged amid the COVID-19 pandemic, the company isn’t satisfied. Despite having one of the most popular high-end exercise bikes, it can’t use the terms “spin” […]

Author: David A. Einhorn

March 24, 2021

COVID-19

Trademark Modernization Act – Understanding Key Provisions of the New Law

The Trademark Modernization Act (TMA) is now law... The Trademark Modernization Act (TMA) is now law. The legislation, which makes several significant changes to U.S. trademark law, was incorporated into the Consolidated Appropriations Act of 2021 that was signed into law on December 27, 2020. Of particular importance, the TMA establishes a uniform standard for […]

Author: David A. Einhorn

March 19, 2021

USPTO

Latest COVID-19 Relief Law Contains Copyright and Domain Name Law Changes

The Consolidated Appropriations Act for 2021 contains important intellectual property changes that will impact copyright and domain name owners... The Consolidated Appropriations Act for 2021, which President Donald Trump signed into law on December 27, 2021, contains important intellectual property changes that will impact copyright and domain name owners. The Copyright Alternative in Small-Claims Enforcement […]

Author: David A. Einhorn

March 4, 2021

SCOTUS to Decide Fate of Assignor Estoppel in Patent Cases

The U.S. Supreme Court is poised to decide the fate of the much-debated doctrine of assignor estoppel... The U.S. Supreme Court is poised to decide the fate of the much-debated doctrine of assignor estoppel. The doctrine at the heart of Minerva Surgical Inc. v. Hologic Inc. prohibits inventors who sell their patent rights from challenging […]

Author: David A. Einhorn

January 29, 2021

SCOTUS

Are You Safeguarding Your Trade Secrets During Zoom Calls?

Zoom calls have become one of the most frequent ways to conduct business during the COVID-19 pandemic... Zoom calls have become one of the most common ways to conduct business during the COVID-19 pandemic. However, businesses must ensure that they are taking the proper steps to safeguard their confidential data, including trade secrets, when using […]

Author: David A. Einhorn

January 20, 2021

Trade Secrets

TTAB Rules .SUCKS Domain Does Not Serve as a Trademark

The company behind .SUCKS websites cannot register that term as a trademark, per a precedential ruling of the Trademark Trial & Appeal Board... The company behind .SUCKS websites cannot register that term as a trademark, per a precedential ruling of the Trademark Trial & Appeal Board. “We find that .SUCKS, as used by applicant and […]

Author: David A. Einhorn

January 13, 2021

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