Writings by David A. Einhorn

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What Copyright Owners Can Learn from Jerry Seinfeld?

Jerry Seinfeld’s recent victory in a copyright suit offers valuable advice for copyright owners — don’t wait too long to enforce your rights. Jerry Seinfeld’s recent victory in a copyright suit offers valuable advice for copyright owners — don’t wait too long to enforce your rights. U.S. District Judge Alison J. Nathan recently dismissed a […]

Author: David A. Einhorn

May 18, 2020

USPTO

USPTO extends deadlines for patents and trademarks to June 1

In light of COVID-19, the USPTO is further extending the time to file certain patent and trademark-related documents and to pay certain required fees… The U.S. Patent and Trademark Office (USPTO) is further extending the time to file certain patent and trademark-related documents and to pay certain required fees in light of the ongoing coronavirus (COVID-19) pandemic. […]

Author: David A. Einhorn

May 11, 2020

USPTO

US Copyright Office Relaxing Registration Timing Requirements During the COVID Crisis

The U.S. Copyright Office has extended certain deadlines to accommodate copyright owners… The U.S. Copyright Office has extended certain deadlines to accommodate copyright owners that are prevented from completing or submitting applications for copyright registration or other documents for filing with the Copyright Office due to the Coronavirus (COVID-19). Much like the trademark and patent […]

Author: David A. Einhorn

April 8, 2020

COVID-19

USPTO Offering Relief to IP Owners Impacted by COVID-19

The U.S. Patent and Trademark Office (USPTO) is offering relief to intellectual property owners affected by the COVID-19 pandemic… The U.S. Patent and Trademark Office (USPTO) is offering relief to intellectual property owners affected by the Coronavirus (COVID-19) pandemic. Most recently, the Director of the USPTO exercised his authority under the Coronavirus Aid, Relief and Economic […]

Author: David A. Einhorn

April 6, 2020

Are You Doing Enough To Protect Trade Secrets?

Trade secrets represent one of the most commonly misappropriated types of intellectual property… While it may not be a super-secret recipe like Coca-Cola, which has been kept secret by the Coca-Cola Company since 1891, most businesses have valuable information that they want to safeguard from their competition. Examples include proprietary computer code, manufacturing processes, databases, […]

Author: David A. Einhorn

March 5, 2020

Trade Secrets

Supreme Court Rules USPTO Can’t Recover Attorney Fees in §145 Actions

SCOTUS recently ruled in Nantkwest, Inc. v. Iancu that 35 U.S.C. § 145 does not require patent applicants to pay the USPTO’s attorneys’ fees when challenging a USPTO decision in federal district court… In a rebuff to the U.S. Patent and Trademark Office (USPTO), the U.S. Supreme Court recently ruled in Nantkwest, Inc. v. Iancu that 35 U.S.C. § […]

Author: David A. Einhorn

February 28, 2020

USPTO

New USPTO Trademark Rule Requires Foreign Applicants to Appoint US Attorney

The USPTO recently finalized a rule requiring foreign-domiciled applicants and registrants to have a U.S.-licensed attorney… The U.S. Patent and Trademark Office (USPTO) recently finalized a rule requiring foreign-domiciled applicants and registrants to have a U.S.-licensed attorney. The new local counsel requirement aims to slow the uptick in questionable foreign trademark applications. According to the […]

Author: David A. Einhorn

January 22, 2020

USPTO

New California Privacy Law to Take Impact on January 1, 2020

California is Taking the Lead When it Comes to Data Privacy Protection with its Imminent Implementation of the California Consumer Privacy Act of 2018 California is taking the lead when it comes to data privacy protection. While the requirements of the California Consumer Privacy Act of 2018 are not as stringent as the European Union’s […]

Author: David A. Einhorn

December 18, 2019

Dunkin’ Donuts Facing NY AG Suit Over Data Breach Response

In Response to How the Company Handled its 2015 Data Breach, NY AG Letitia James Recently Filed a Lawsuit Against Dunkin’ Brands, Inc. Dunkin’ Donuts is in hot water (not coffee) over its response to a 2015 data breach. New York Attorney General Letitia James recently filed a lawsuit against Dunkin’ Brands, Inc. (Dunkin’), alleging […]

Author: David A. Einhorn

November 25, 2019

New York

Third Circuit Court Affirms Banana Costume Entitled to Copyright Protection

The Third Circuit Court of Appeals Recently Affirmed a District Court Ruling Granting a Preliminary Injunction in a Copyright Infringement Suit Involving a Banana Costume The Third Circuit Court of Appeals affirmed a district court ruling granting a preliminary injunction in a New Jersey copyright infringement lawsuit involving a human-sized banana costume. The appeals court […]

Author: David A. Einhorn

November 7, 2019

Can Ohio State Trademark the Word “THE”?

Ohio State University is Seeking to Register a Trademark for its Use of the Word “THE” College football fans may have likely noticed that players from Ohio State University (“OSU”) take great pride in referring to their alma mater as “The Ohio State University.” To capitalize on that notoriety, Ohio State is seeking to register […]

Author: David A. Einhorn

November 4, 2019

Senate Committee Advances Creation of Copyright Small Claims Board

The Senate Judiciary Committee Recently Advanced Legislation Would Create a Copyright Small Claims Court within the U.S. Copyright Office The Senate Judiciary Committee recently advanced the Copyright Alternative in Small-Claims Enforcement (CASE) Act. The legislation would create a copyright small claims court within the U.S. Copyright Office. As highlighted by supporters of the bill, filing […]

Author: David A. Einhorn

August 26, 2019

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