As digital technology and the online environment transform the distribution and use of intellectual property, our Copyright & Trademark group is on the front lines in protecting and enforcing our clients’ most important creative assets. Our trial-tested team represents a wide range of clients, from entrepreneurs to major corporations, from playwrights to media giants, and from individual songwriters to the country’s largest performing rights organizations.
Intellectual Property Litigation: Business Methods, Fair Use, Patent Evidence, Lanham Act
November 12, 2014 read the article
Litigation partner Lew Clayton's Intellectual Property Litigation column appeared in the November 12 issue of the New York Law Journal. The article, titled "Business Methods, Fair Use, Patent Evidence, Lanham Act," reviews recent cases involving the Supreme Court's test for patentable subject matter and how it has led to the dismissal of infringement claims based on business method patents, when post-invention evidence can demonstrate an invention is not obvious, and whether the flavor of eggplant parmesan or its plating can acquire secondary meaning under trademark law.