Publication: Bright Ideas

Message From the Editor

Dear Members, Thank you for reading Bright Ideas. To provide some background on the content for this issue, we wanted to recognize and celebrate the IP Section’s 30th anniversary, and so you will find short interviews with past chairs, current officers, and of course, founding chair of the Section, Rory Radding, as well as a few … Continued

Practical Considerations for International Trademark Protection

Clients frequently ask, “I already have a U.S. trademark registration, so why would I need to file elsewhere?” or “Does my U.S. trademark registration protect my brand everywhere?” The answer is that trademark rights are territorial, meaning that a trademark registered in one country generally does not have effect outside of that country.1 Typically, a registered … Continued

Intellectual Property Section Diversity Plan

Commitment The NYSBA IP Law Section continues its commitment to enhancing the diversity and inclusion of its programming, membership and leadership to reflect the diversity of attorneys in the legal community and society overall. History In 2003, when the NYSBA adopted a diversity policy, the IP Law Section began creating programing aimed at diversity and … Continued

Copyright Law Lookback

ED NOTE: In view of the Intellectual Property Section’s 30th anniversary, the following is the first of a series of “lookback” articles highlighting notable cases in core areas of IP law in the last decade. With significant advances in globalization and technology over the last 10 years, many copyright cases during this period have grappled with … Continued

Appeal of the Second Circuit’s ML Genius Holdings LLC v. Google LLC Decision May Resolve a Circuit Split on Copyright Act Preemption Tests

I. Introduction In early 2022, the U.S. Court of Appeals for the Second Circuit issued a decision affirming a ruling by the U.S. District Court for the Eastern District of New York that the Copyright Act preempted a website owner’s state law breach of contract and unfair competition claims.1 Although the decision was fairly typical … Continued

Message From the Chair

I have been a member of the Section since 2008. I promptly joined after speaking at the Section’s Annual Women in IP event. The warmth and energy of the attendees and of Joyce Creidy, then-Section Chair and creator of the annual event, drew me in. This event, which has been on hiatus due to the … Continued

Celebrating 30 Years of the Intellectual Property Section

1. Introduce yourself. I have been practicing intellectual property and technology law for over 45 years, handling everything from patent prosecution and litigation to trademark/trade secret/copyright litigation to IP strategy development for various industries worldwide. I was a senior partner at Pennie & Edmonds for 30 years, then the head of the intellectual property practice … Continued

The Metaverse: From Science Fiction to Commercial Reality—Protecting Intellectual Property in the Virtual Landscape

Introduction The Metaverse, as technology often does, has deep roots in science fiction. The term “Metaverse” itself comes from author Neal Stephenson’s 1992 novel Snow Crash, which describes it as an immersive world. When logged into the Metaverse, the character Hiro is “not actually here at all. He’s in a computer-generated universe that his computer is … Continued

Non-Fungible Tokens and Intellectual Property Law: Key Considerations

Non-fungible tokens—NFTs—have recently taken the world by storm. NFTs have rapidly transformed from little-known online games and virtual trinkets to a multi-billion-dollar enterprise replete with novel legal issues running the gambit from intellectual property to securities law considerations. Recent months have seen soaring NFT prices, high-tech heists of NFTs, and the emergence of novel uses … Continued