• AXIUS
  

  AXIUS, created by former USA Rugby player Brian Doyle, is a complete functional gym in one tool. While rehabbing a near career-ending knee injury, Brian became frustrated with the numerous fitness tools needed to accomplish his balance-based workouts. This initial frustration turned to inspiration, leading to Brian inventing AXIUS, a single fitness tool combining the principles of foundational strength with performance training.

• Advertising Week
  

  As the world’s premier gathering of marketing and communications leaders, Advertising Week is a hybrid of inspiring thought leadership and highly entertaining and engaging special events, featuring the industry’s best and brightest. Drawing from the brand, agency, technology, startup, media and broader cultural communities, Advertising Week is designed to move the needle on key industry challenges and influence the global industry.

• Grandma Press
  

  Driven by her lifelong commitment to education, Dr. Marie Amoruso decided to explore the impact of the controversial “Common Core” standardized curricula and tests that are used to assess K-12 student achievement. She filmed interviews with an array of parents, administrators, teachers and professors to create the documentary “More…than a score.” Dr. Amoruso needed assistance to make her film project take flight and reach her audiences.

• The Hartz Mountain Corporation
  

  The Hartz Mountain Corporation is one of the world’s largest manufacturers and sellers of pet products, sold through over 40,000 brick and mortar retailers in the US and Canada as well as online. With over 1,500 pet care products, its business success significantly depends on creating differentiated product lines, immediately recognizable brands and a strategic plan to minimize conflicts with competitors.

News

• 33 Tarter Krinsky & Drogin Attorneys Named 2022 New York Super Lawyers and 6 Named Rising Stars
  

  NEW YORK – October 4, 2022 – Thirty-three Tarter Krinsky & Drogin attorneys are recognized on the 2022 New York Super Lawyers list and six are named Rising Stars. 

• Amy Goldsmith Featured on New York Business Leaders Podcast
  

  On February 23, 2022, Amy Goldsmith, Partner and Chair of the Privacy and Cybersecurity Practice, was featured on the podcast, “New York Business Leaders.” 

• Amy Goldsmith to Present CLE on Protecting Trade Secrets and Confidential Information for Lawline
  

  On October 14, 2021, Amy Goldsmith, Partner and Co-Chair of the Privacy and Cybersecurity Group,  will present the CLE, “Hidden Value: Protecting Trade Secrets and Confidential Business Information” for Lawline.

• Thirty-three Tarter Krinsky & Drogin Lawyers Named to 2021 Super Lawyers and Rising Stars Lists
  

  Thirty-three lawyers from Tarter Krinsky & Drogin have been named to the 2021 New York Metro Super Lawyers and Rising Stars lists. 

• Amy Goldsmith Quoted in New York Law Journal Article, "The Law Firm Impact of Reactions to the Pandemic"
  

  On September 15, 2021, Amy Goldsmith, Partner and Co-Chair of the Privacy and Cybersecurity Group, was quoted in the New York Law Journal article, "The Law Firm Impact of Reactions to the Pandemic."

• Amy Goldsmith Quoted in New York Law Journal Article on Serving Clients Moving Forward
  

  On May 14, 2021, Partner and Chair of the Privacy and Cybersecurity Practice Amy Goldsmith was quoted in the New York Law Journal Article, "Lawyers Focus on Client Care for Clients Facing the Unknown." 

• Amy Goldsmith Featured in the New York Law Journal’s Best Practices Column on Videoconferencing
  

  On January 8, 2021, Intellectual Property Partner and Co-Chair Amy Goldsmith was featured in the  New York Law Journal’s Best Practices column by Carol Schiro Greenwald. The article, “Videoconferencing: Love It, Hate It, Need It” explores how various attorneys are utilizing videoconferencing platforms amid the pandemic and the impacts of the technology on future meetings.

• Thirty-two Tarter Krinsky & Drogin Lawyers Named to 2020 Super Lawyers and Rising Stars Lists
  

  Thirty-two lawyers from Tarter Krinsky & Drogin have been named to the 2020 New York Metro Super Lawyers and Rising Stars lists, an increase from 2019. Last year, twenty-three firm lawyers were ranked as Super Lawyers and seven were ranked on the Rising Stars list, and this year, twenty-eight firm lawyers were ranked as Super Lawyers and four were ranked as Rising Stars.

• Amy Goldsmith Interviewed on Cybersecurity Policies and Practices by Andigo
  

  On October 9, Intellectual Property Co-Chair Amy Goldsmith was interviewed by Andigo on companies’ cybersecurity policies and practices. In the interview titled, "Website Privacy Policies and Practices – A Legal Perspective," Amy explores privacy policies and data security concerns for small businesses. 

• Amy Goldsmith Appointed to Lawline’s Content Advisory Board
  

  Congratulations to Intellectual Property Co-chair Amy Goldsmith, who was appointed to Lawline’s Content Advisory Board for 2021 – 2022 for the first time, as a representative of Intellectual Property. As an inaugural board member, Amy’s responsibilities include participating in an assessment of Lawline’s course offerings within the Intellectual Property area and recommending subsequent courses and speakers to best grow the platform’s content.

• Law Brief: Amy Goldsmith and Rich Schoenstein Discuss Cybersecurity for Virtual Business Operations
  

  Intellectual Property Co-chair Amy Goldsmith and special guest Brian Califano join Litigation Partner and host Rich Schoenstein to chat about “The Requirements of the SHIELD Act and Other Recommendations for Virtual Business Operations.” They delve into the implications of the recently adopted SHIELD Act in New York and other considerations for the online security of businesses and workers who are operating remotely.

• Amy Goldsmith Named to Lawline’s Top Women Faculty of 2019
  

  We are pleased to announce that Intellectual Property Co-Chair and Partner Amy Goldsmith was named to Lawline’s Top Women Faculty of 2019, which recognizes the most-watched and highest-rated CLE programs Lawline produced by female faculty in 2019. Amy’s most popular presentation was “Website Terms and Conditions: One Size Does Not Fit All Territories (Update),” which was noted as providing viewers with “Extremely helpful, hands-on information.”

• Law Brief Podcast: Amy Goldsmith and Rich Schoenstein Discuss The Secrets of Trade Secrets and Confidential Information Disclosed
  

  Intellectual Property co-chair Amy Goldsmith joined Litigation partner and host Rich Schoenstein to discuss trade secrets and disclosing confidential information during a two-episode discussion on Law Brief, Tarter Krinsky & Drogin’s new podcast series.

  In the first of the two-part discussion, The Secrets of Trade Secrets, Amy and Rich talk about identifying and protecting trade secrets and confidential information. This part is focused on statutorily protected trade secrets – what they are and how to keep them private. 

  The second episode of the discussion, Confidential Information Disclosed, delves into defining and protecting trade secrets and confidential information, with an emphasis in this part on the latter, broader category, and what steps a company must take to protect its confidential information.

• Tarter Krinsky & Drogin Launches New Podcast Series on Current Issues in the Law
  

  Tarter Krinsky & Drogin is pleased to announce the launch of a podcast that will cover cutting-edge and ever-changing legal issues and how they affect our businesses in a practical way. The podcast, called “Law Brief,” is hosted by Litigation partner Rich Schoenstein, and features other Tarter Krinsky & Drogin lawyers who will highlight current issues in their practice areas.

  Law Brief provides short discussions of current legal issues of interest, designed for non-experts on the go. The conversations are informal but informative, short but deep, and intended to expose all sides of the issues.

• Thirty-Two Tarter Krinsky & Drogin Lawyers Named to 2019 Super Lawyers and Rising Stars Lists
  

  Thirty-two lawyers from Tarter Krinsky & Drogin have been named to the 2019 New York Super Lawyers and Rising Stars lists, a rise in Tarter Krinsky & Drogin attorneys awarded as top lawyers in New York. The annual Super Lawyers list recognizes the top five percent of lawyers in New York for their professional achievements. Lawyers are selected through a process that includes independent research, peer nominations and peer evaluations.

• Amy Goldsmith Quoted in Creative Business Inc. on Protecting Confidential Information and Trade Secrets
  

  Intellectual Property co-chair Amy Goldsmith was quoted in the Creative Business Inc. article, "Does Your Company Take Confidentiality and Trade Secrets Seriously?” The article discusses the importance of implementing protections for confidential information or trade secrets for all companies, no matter the size or industry.

• Amy Goldsmith Quoted in Forbes on Counterfeit Goods in the Online Marketplace
  

  Intellectual Property co-chair Amy Goldsmith is quoted in the Forbes article, “Counterfeits - Amazon, Etsy, eBay, Instagram and Others Duping Consumers and Damaging Innovation.” The article discusses counterfeits and knockoffs in the online e-commerce marketplace and how setting up online storefronts on Amazon, Etsy, eBay and Instagram, among others, gives counterfeiters access to millions of consumers. In turn, legitimate product vendors are finding it difficult to protect their IP rights and police against potential infringements by millions of online storefronts.

• Amy Goldsmith Featured on Fox 5 New York on Australia’s New Social Media Law
  

  Intellectual Property co-chair Amy Goldsmith was featured on Fox 5 New York discussing Australia’s new social media law, which now makes it a crime if social media platforms do not expeditiously remove violent content and can lead to major fines and jail time for media executives.

• Amy Goldsmith Named to Law360’s 2019 Intellectual Property Editorial Advisory Board
  

  Intellectual Property co-chair Amy Goldsmith was recently named to Law360’s 2019 Intellectual Property Editorial Advisory Board, which is responsible for obtaining feedback on Law360’s coverage and gaining insight from leaders in the field on how to best shape future coverage.

• Three Tarter Krinsky & Drogin Lawyers Named to Law360’s 2019 Editorial Advisory Boards
  

  Tarter Krinsky & Drogin is pleased to announce that three of its lawyers, Intellectual Property co-chair Amy Goldsmith, Immigration partner Roxanne Levine and Construction partner Laurie Stanziale, have been named to Law360’s 2019 Editorial Advisory Boards where they will help in planning Law360’s future coverage in their individual fields.

• Celebrating Women’s History Month at Tarter Krinsky & Drogin by Learning More About the Accomplished Women at Our Firm
  

  To celebrate Women's History Month, we are featuring the wise words and career advice from the outstanding women of Tarter Krinsky & Drogin throughout the month of March. We know we can learn from them, and we hope you can too.

• Amy Goldsmith Quoted in Pacer Monitor on Music Copyright Suit
  

  Intellectual Property co-chair Amy Goldsmith was quoted in Pacer Monitor’s article, “Nicki Minaj Copyright Suit Asks Federal Court to Weigh Inspiration vs Infringement.” The article discusses the recent lawsuit between singer-songwriters Tracy Chapman and Nicki Minaj wherein Chapman alleges Minaj employed the lyrics from her 1988 single “Baby Can I Hold You” after Minaj’s licensing request was denied. At the core of the litigation is whether being inspired by Chapman’s art is an actual infringement on the part of Minaj.

• Thirty Tarter Krinsky & Drogin Lawyers Named to 2018 Super Lawyers and Rising Stars Lists
  

  Thirty lawyers from Tarter Krinsky & Drogin have been named to the 2018 New York Super Lawyers and Rising Stars lists as top lawyers in New York. The annual Super Lawyers list recognizes the top five percent of lawyers in New York for their professional achievements. Lawyers are selected through a process that includes independent research, peer nominations and peer evaluations.

• Savvy Ladies Mentioned in Article on Investing Resources for Women; Amy Goldsmith Is Longest Serving Board Member
  

  In a Bankrate article on investing resources for women in honor of Women’s Equality Day on August 26 noting that many women are still being paid less than men, Savvy Ladies, a nonprofit organization that provides personal finance education and resources for women to inspire them to plan for the future, was noted as having helped more than 15,000 women with financial resources. IP co-chair Amy Goldsmith currently serves on the board of Savvy Ladies and is the longest-serving member of the nonprofit’s board.

• Lawline Praises Amy Goldsmith and Alan Tenenbaum’s “Anatomy of Discovery in Patent Litigation” Webinar
  

  Intellectual Property co-chair Amy Goldsmith and Intellectual Property partner Alan Tenenbaum were lauded by Lawline during Teacher Appreciation Week 2018 for their recent webinar, “Anatomy of Discovery in Patent Litigation.” In their presentation, Amy and Alan addressed contention interrogatories, discovery in Markman hearings, handling e-discovery and selecting experts. They also discussed how to guide clients through the discovery phase of a patent litigation.

• Amy Goldsmith Quoted in The Atlantic on Counterfeit Goods on E-Commerce Sites
  

  Intellectual Property co-chair Amy Goldsmith was quoted in The Atlantic’s article, “Amazon May Have a Counterfeit Problem.” In the article, Amy discussed whether e-commerce sites are responsible for potentially counterfeit goods being sold on the web. She said, “Essentially, the law says that internet service providers are highways that goods travel over. They are not responsible for what’s in the trucks that go over these roads, as long as they apply a ‘rigorous’ takedown procedure to complaints about counterfeit goods.”

• Meet the Women of Tarter Krinsky & Drogin: Intellectual Property Co-Chair Amy Goldsmith
  

  In honor of Women’s History Month, we recognize the exceptional women of Tarter Krinsky & Drogin. They bring tremendous value to our firm, our clients, our profession and our community. Learn more about Intellectual Property co-chair Amy Goldsmith.

• Amy Goldsmith Interviewed on Intellectual Property Practice and Vistage Membership
  

  Intellectual Property co-chair Amy Goldsmith was interviewed by Vistage regarding her practice and her membership in the organization. Vistage is a leading advisory and executive coaching organization for CEOs, business owners and leaders.

• 28 Tarter Krinsky & Drogin Lawyers Named to 2017 New York Super Lawyers and Rising Stars Lists
  

  This year, 28 lawyers from Tarter Krinsky & Drogin have been named to the 2017 New York Super Lawyers and Rising Stars lists as top lawyers in the state. The annual Super Lawyers list recognizes the top five percent of lawyers in New York for their professional achievements. Attorneys are selected through a process that includes independent research, peer nominations and peer evaluations.

  Four Tarter Krinsky & Drogin attorneys were ranked on the Rising Stars list, which recognizes the top 2.5 percent of lawyers who either are under the age of 40 or have been in practice for 10 years or less.

• Meet the Women of Tarter Krinsky & Drogin: Intellectual Property Partner and Co-Chair Amy Goldsmith
  

  Learn more about Intellectual Property partner and co-chair Amy Goldsmith as part of our series to recognize the outstanding women at Tarter Krinsky & Drogin in honor of Women's History Month

• Amy Goldsmith Quoted in Complex Magazine on Counterfeit Goods
  

  Amy Goldsmith was quoted in a Complex magazine article that explored the counterfeit economy of designer goods. In the article, Amy discussed the basics on intellectual property and what constitutes patent infringement.

• Super Lawyers 2016 Recognizes 25 Tarter Krinsky & Drogin Lawyers
  

  New York Metro Super Lawyers has named 21 Tarter Krinsky & Drogin lawyers in 10 practices to its 2016 list.

• Amy Goldsmith and Rachel Lin Quoted on the impact of Brexit on IP Rights for Inside Counsel
  

  Amy Goldsmith and Rachel Lin were quoted in “Brexit’s Impact on Intellectual Property Rights” published by Inside Counsel.

• Laurie Stanziale and Amy Goldsmith Author Article on Copyrighting Architectural Works for Real Estate Weekly
  

  Laurie Stanziale and Amy Goldsmith authored “Classic or chaotic, copyrighting architectural works is an art form” for Real Estate Weekly.

• Amy Goldsmith Quoted in Women’s Wear Daily on Knockoff and Counterfeit Protection
  

  Amy Goldsmith was quoted in “Counterfeits, Knockoffs, Replicas: Parsing the Legal Implications” for Women’s Wear Daily.

• Fox 5 News Interviews Amy Goldsmith on Trademarking Hashtags
  

  Amy Goldsmith appeared on Fox 5 News to discuss the increasing trend of brands and celebrities looking to claim ownership of hashtags with words or phrases (eg., # DO YOU SPEAK BALMAIN; #HOWDOYOUKFC).

• New Challenge for Restaurant Owners: Obtaining Federal Trademark Registration for a Single Location
  

  An interesting decision was recently issued by the Trademark Trial and Appeal Board rejecting a trademark application for pizza in connection with a single location restaurant.

• Amy Goldsmith Quoted in Law360 on How Retailers Can Avoid Data Breaches
  

  Amy Goldsmith was quoted in the Law360 article "5 Ways Retailers Can Avoid A Data Breach This Holiday Season."

• Amy Goldsmith Addresses Trademark Infringement
  

  Amy Goldsmith wrote "7 Ways to Protect Your Brand From Online Trademark Infringement," an article published by Corporate Counsel.

• Tarter Krinsky & Drogin Attorneys Recognized in 2015 New York Super Lawyers
  

  The 2015 New York Super Lawyers recognized 22 of Tarter Krinsky & Drogin’s attorneys.

• Amy Goldsmith Featured in ABA Book on Marketing Success
  

  Amy Goldsmith, Co-chair of the Intellectual Property Practice, was featured in the American Bar Association’s book "Marketing Success: How Did She Do That?"

• Amy Goldsmith Addresses Privacy and Rights of Publicity
  

  Following her May 12, 2015 presentation on rights of publicity, Amy Goldsmith, Co-chair of the Intellectual Property Practice, posted a blog entry on Lawline Today.

• The Reader’s Guild LLC Secures Licensing Agreement with Reader’s Digest
  

  The firm represented The Reader’s Guild LLC in securing a long-term, exclusive licensing agreement with Reader’s Digest.

Events

• Tarter Krinsky & Drogin Announces 2022 CLE Program Series
  

  Tarter Krinsky & Drogin has continued its CLE programs, open to attorneys, clients, and others interested in the topics

• Amy Goldsmith to Present CLE for New York State Bar Association's Elder Law and Special Needs Section 2021 Fall Meeting
  

  On October 28, 2021, Partner and Chair of the Privacy and Cybersecurity Group, Amy Goldsmith, will present the CLE program “Be Cyber Aware, Be Cyber Secure” for the New York State Bar Association's Elder Law and Special Needs Section 2021 Fall Meeting.

• Amy Goldsmith to Present CLE on Fair Use for Lawline
  

  On September 21, 2021, Amy Goldsmith, Partner and Chair of the Privacy and Cybersecurity Group, will present the CLE program, “Google vs. Oracle: What's ‘Fair’ Now?” for Lawline. 

• Amy Goldsmith to Present on the Importance of Intellectual Property for Small Businesses for Savvy Ladies Webinar Series
  

  On March 2, 2021, Amy Goldsmith, partner and chair of the Privacy and Cybersecurity practice, will present "Intellectual Property: Starting a Small Business - Part 3" for the Savvy Ladies webinar series.

• Tarter Krinsky & Drogin Announces 2020 CLE Program Series
  

  Tarter Krinsky & Drogin is pleased to announce the continuation of its CLE programs, open to attorneys, clients and others interested in the topics. The webinar programs, which each cover various areas of the law reflecting the full-service nature of the firm’s practice, will be held via Zoom. Advance registration is required. To learn more and register for a program, contact marketingevents@tarterkrinsky.com.

• Amy Goldsmith to Participate in Panel on Cybersecurity Obligations for Businesses
  

  On December 3, 2020, Intellectual Property Co-Chair Amy B. Goldsmith, Cybersecurity Expert Brian V. Filippone and Sales and Marketing Guru Katie Wallace will participate in the panel, “Cyber Risk: Find Your Weaknesses Before They Do.” During the interactive discussion, the panelists will answer frequently asked questions and explain how your business can build its own defensive and offensive capabilities to be fully compliant with cybersecurity regulations.

• Amy Goldsmith to Present CLE Program on Handling Originality Refusals in Copyright Law for Lawline
  

  On November 10, 2020,  Amy Goldsmith, Partner and Co-Chair of the Intellectual Property Group, will present the CLE program, “Skills for Handling Originality Refusals in Copyright Law.” She will discuss how the originality refusals issued by the U.S. Copyright Office are determined and how to approach a reconsideration request so that it could potentially be granted. Amy will also identify the types of works that are likely to be refused and past successful refusal reconsideration arguments.

• Amy Goldsmith to Participate in Virtual Panel on Legal and Financial Planning Due to COVID-19
  

  On June 30, 2020, Intellectual Property Co-Chair Amy Goldsmith will participate in the Zoom panel, “Time for Reinvention: Planning for Divorce, Death, Financing and Innovation.” Amy will join other industry professionals to explore various legal and financial planning in light of COVID-19.

• Amy Goldsmith and Nels Lippert to Moderate Lawline Roundtable on How COVID-19 Impacts Intellectual Property
  

  On June 24, 2020, Intellectual Property Co-Chair Amy B. Goldsmith and Partner Nels Lippert will be moderating Lawline’s State of the IP Practice Area Zoom Round Table. The program will delve into how COVID-19 has impacted the Intellectual Property landscape, including what trends and issues practitioners are experiencing during this time.

• Amy Goldsmith to Speak on How to Present a CLE on Zoom for the New York Women’s Bar Association
  

  On May 12, 2020, Intellectual Property Co-chair Amy Goldsmith will be speak on, “How to Present a Webinar” for the New York Women’s Bar Association. The CLE program will explore the best practices for a successful CLE on Zoom including tips for using Zoom, utilizing visuals and publicizing the event.

• Amy Goldsmith and Joel Rosner to Present Lawline CLE Program on Knockoffs and Takedowns: Protecting IP Rights on Social Media
  

  On December 12, Intellectual Property co-chair Amy Goldsmith and Litigation counsel Joel Rosner will present a Lawline CLE webcast, “Knockoffs and Takedowns: Protecting IP Rights on Social Media.”

  During this program, Amy and Joel will explore how to determine what IP rights exist with respect to an infringed product, how to remove knockoff products from social media platforms and how to take other legal measures to stop the infringement.

• Amy Goldsmith to Present CLE Program on the Legality of Social Media Use for Attorneys
  

  On December 10, Intellectual Property co-chair Amy Goldsmith will present the CLE program, “Legally LinkedIn (And Other Social Media, Too!).” During the program, which is part of Tarter Krinsky & Drogin’s CLE series, Amy and co-presenter, Carol Schiro Greenwald from CSG MarketingPartners, will explore the various legal issues that may arise from gathering information using social media and attorney advertising.

• Rocco Cavaliere and Amy Goldsmith to Present Lawline CLE Program on What Can Happen to IP Assets in a Chapter 11 Bankruptcy Proceeding
  

  On November 19, Bankruptcy and Corporate Restructuring partner Rocco Cavaliere and Intellectual Property co-chair Amy Goldsmith will present a CLE webcast for Lawline, an online CLE provider, “SCOTUS Review: Mission Product Holdings v. Tempnology,” where they will explain what can happen to intellectual property assets in a Chapter 11 bankruptcy proceeding. Rocco and Amy will also discuss patents, copyrights and trademarks in context of the Bankruptcy Code; review cases involving patents and copyright in bankruptcy; identify best practices for IP licensors and licensees and break down the Supreme Court’s long-awaited and important decision in Mission Product Holdings, Inc. v. Tempnology, LLC.

• Tarter Krinsky & Drogin Hosts NYWBA Panel on Internalizing Gender Bias in the Legal Field
  

  On October 29, Tarter Krinsky & Drogin will host the New York Women’s Bar Association (NYWBA) panel, “The Sexist Inside You: How We All Internalize Gender Bias.” The panel will explore recognizing inherent biases, how these biases may appear, how they affect the legal practice and actions that can be taken.

• Amy Goldsmith to Present Lawline CLE Webcast on Intellectual Property Protection in China: Practical Realities
  

  On October 22, Intellectual Property co-chair Amy Goldsmith will present a CLE webcast for Lawline, “Intellectual Property Protection in China: Practical Realities.” During the program, Amy will discuss intellectual property protection and enforcement in China, as well as the reasons for the current intellectual property controversy. Topics to be covered include China’s membership in intellectual property treaties and conventions, how and when to file for patent, trademark and copyright protection, recordation with the Chinese Customs authorities enforcement mechanisms in China, including administrative and court proceedings and best practices regarding tech transfer.

• Amy Goldsmith and Rachel Lin Speak About Tarter Krinsky & Drogin’s Full-Service Intellectual Property Practice at LAW Member Firm
  

  On August 6, Amy Goldsmith and Rachel Lin will speak to lawyers at Burke, Warren, MacKay & Serritella on Tarter Krinsky & Drogin’s Intellectual Property practice during a monthly lunch and learn series. Our full-service IP group offers protection for the global interests of companies in a variety of industries, including tech, life sciences, luxury goods and consumer products. Burke Warren is the Chicago member of Lawyers Associated Worldwide (LAW), a global association of independent law firms located in more than 50 countries with more than 4000 lawyers internationally.

• Amy Goldsmith and Rich Schoenstein to Present National Law Institute CLE Program on Protecting Confidentiality and Trade Secrets and the Perils of Using Social Media
  

  On July 18, Intellectual Property co-chair Amy Goldsmith and Litigation Partner and co-chair of Securities and Financial Services Litigation Group Rich Schoenstein will present a National Law Institute CLE program, which will be hosted at Tarter Krinsky & Drogin’s office at 1350 Broadway in New York City.

• Amy Goldsmith to Present Lawline CLE Webcast on Web Site Terms and Conditions
  

  On July 9, Intellectual Property co-chair Amy Goldsmith will present a CLE webcast for Lawline, where she regularly contributes articles, hosts CLE programs and participates in speaking engagements. During this program, “Website Terms and Conditions: One Size Does Not Fit All Territories,” Amy will deconstruct typical web site terms and conditions, explain why separate policies are needed in different territories and the responsibilities of the web site owner in each territory.

• Amy Goldsmith to Speak to Vistage CEO Group on Protecting Trade Secrets, Confidentiality and the Downsides of Social Media
  

  On June 12 and 13, Intellectual Property co-chair Amy Goldsmith will speak to Vistage CEO groups on “Preserving Trade Secrets and Confidential Info: What a C-Suite Executive Needs to Know.” During the events, Amy will discuss how to create a program to protect confidentiality and trade secrets, including instruction for employees regarding their obligations, implementing best practices and the downsides of social media. Amy will also review privacy obligations under New York’s current law and new proposals, the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act.

• Tarter Krinsky & Drogin Announces CLE Program Series
  

  Tarter Krinsky & Drogin is pleased to announce the launch of its CLE program series, open to attorneys, clients and others interested in the topics. The programs, which each cover various areas of the law, reflecting the full-service nature of the firm’s practice, will be held at TKD’s office at 1350 Broadway. Advance registration is required. 

• Amy Goldsmith to Present CLE Program on New York PII, Europe’s GDPR, CCPA, Confidentiality, Trade Secrets and Social Media to the American Council of Engineering Companies of New York
  

  On June 6, Intellectual Property co-chair Amy Goldsmith will present a CLE program to the American Council of Engineering Companies of New York. During the program, Amy will discuss privacy obligations under the laws of New York, California and Europe, how to create a plan to protect confidentiality and trade secrets, implement best practices and the perils of social media.

• Amy Goldsmith to Speak on Protecting Original Artworks at Blue Print Surface Design & Print Show
  

  Intellectual Property co-chair Amy Goldsmith will speak at Blue Print Surface Design & Print Show on May 21. Amy, along with a panel of distinguished artists and agents, will answer questions regarding the protectability of original works of art and fashion and the copyright registration process. In addition, Amy will provide best practices on protecting your work from being copied on the internet, social media and beyond.

• Amy Goldsmith to Speak on Strategic Approach to Networking at New York Legal Marketing Association Panel
  

  On May 16, Intellectual Property co-chair Amy Goldsmith will present at the Legal Marketing Association’s New York Local Group lunch program, “Strategic Networking v. Random Acts of Lunch.” Amy, a frequent speaker and author, will share her personal approach to strategic networking. 

• Amy Goldsmith to Speak to Vistage CEO Group About Protecting Trade Secrets, Confidential Information and Social Media Do’s and Don’ts
  

  Intellectual Property co-chair Amy Goldsmith will speak to a Vistage CEO group in Tarrytown, NY on April 10 about protecting a company’s trade secrets and confidential information. Amy will also cover social media do’s and don’ts.

• Amy Goldsmith to Present Webinar on Effective Privacy Strategies for Staffing Companies for the New York Staffing Association
  

  On February 20, Intellectual Property co-chair Amy Goldsmith will present a webinar for the New York Staffing Association on "Effective Privacy Strategies for Staffing Companies.” In this webinar, Amy will cover the key provisions of the GDPR and the privacy laws of New York, California and Illinois. Amy will also review the key actions that businesses are taking to comply with these laws, and whether existing commercial general liability policies cover privacy and cybersecurity risks.

• Amy Goldsmith and Laurie Stanziale to Present a National Law Institute CLE Program on Intellectual Property Rights of Owners and Architects
  

  On February 14, Amy Goldsmith and Laurie Stanziale will present a CLE program for the National Law Institute that will be held at Tarter Krinsky & Drogin’s office titled, “Whose Line, Drawing and Plan Is It Anyway? The program will cover the intellectual property rights of owners and architects in connection with an architect’s design. The program will provide 2.0 CLE credits in the professional practice category.

• Amy Goldsmith and Laurie Stanziale to Present National Law Institute CLE Program on the Intellectual Property Rights of Owners and Architects
  

  On January 31, Intellectual Property co-chair Amy Goldsmith and Construction partner Laurie Stanziale will co-present a breakfast CLE program for the National Law Institute that will be held at Tarter Krinsky & Drogin’s office titled, "Whose Line, Drawing and Plan is it Anyway? The Intellectual Property Rights of Owners and Architects in Connection with an Architect’s Design.” During the two-hour program, which will offer 2.0 credits in the Professional Practice category, Amy and Laurie will explore the intersection between copyrights in architectural drawings and ownership of those copyrights.

• Amy Goldsmith and Janet Linn to Speak at the New York State Bar Association’s Food, Drug & Cosmetic Law Section Annual Meeting
  

  On January 17, Intellectual Property co-chair Amy Goldsmith and counsel Janet Linn will be featured panelists at the New York State Bar Association’s Food, Drug & Cosmetic Law Section Annual Meeting. Amy will discuss GDPR and how these new privacy regulations impact U.S. businesses. She will also provide an overview on how the regulations affect what businesses are permitted to do with individuals’ personal data. During a separate panel, Janet will speak on Helsinn v. Teva, the pending U.S. Supreme Court case concerning when secret sales and offers for sale will be considered prior art, and how that affects the drafting and publicizing of agreements between pharmaceutical companies and third parties.

• Amy Goldsmith to Speak at Strafford CLE Webinar on Product Placement Deals
  

  On January 3, Intellectual Property co-chair Amy Goldsmith will teach a Strafford CLE webinar, “Structuring Product Placement Deals: Mitigating Risks to the Brand, Regulatory Compliance.” This program, which will provide guidance to in-house counsel on negotiating product placement deals, will examine the risks involved with product placement that could potentially damage a brand. The panel will discuss the steps that can be taken during negotiations and after a product placement deal is done to mitigate those risks, including Amy’s portion on social media and compliance with the FTC Endorsement Guidelines.

• Amy Goldsmith to Present Lawline CLE Webcasts on Design Patent Cases and Music Copyrights
  

  Intellectual Property co-chair Amy Goldsmith will present two CLE webcasts for Lawline, where she regularly contributes articles, hosts highly rated CLE programs and participates in speaking engagements. On October 23, Amy will present, “Apple v. Samsung: A New Standard for Design Patent Cases,” where she will break down design patents and review the ones at the heart of the Apple v. Samsung dispute, as well as address the impact of the dispute on future design patent infringement cases. Amy’s October 25 webcast, “Demystifying Music Copyrights,” will dissect the Music Modernization Act of 2018 and the CLASSICS Act, identify how different courts analyze music infringement and discuss the many types of music copyrights and the relationships between the various parties involved in the music industry.

• Amy Goldsmith and Alan Tenenbaum to Present on Discovery in Patent Litigation for Lawline
  

  Intellectual Property practice co-chair Amy Goldsmith and Intellectual Property practice partner Alan Tenenbaum will present “Anatomy of Discovery in Patent Litigation” for Lawline. The webinar will address the anatomy of discovery in enforcement and defense of claims involving design and utility patents.

• Amy Goldsmith and Alan Tenenbaum to Speak on the Anatomy of Litigating Design and Utility Patents
  

  On October 26, Intellectual Property co-chair Amy Goldsmith and partner Alan Tenenbaum will present the CLE webinar, “The Anatomy of a Patent Litigation: From Start to Finish” for Lawline.

• Amy Goldsmith to Present Lawline CLE Webinar on IP Protection in the World of Retail
  

  Intellectual Property co-chair Amy Goldsmith will present a CLE webinar program for Lawline on October 23 titled, “No Good Idea Goes Unpunished: IP Protection in the World of Retail Update.”

• Amy Goldsmith and Laurie Stanziale to Present a CLE Program on How Copyright Protection Intersects With Architectural Works
  

  Intellectual Property co-chair Amy Goldsmith and Construction partner Laurie Stanziale will present, “Architectural Works: Whose Line, Drawing or Plan is it Anyway?" for the National Law Institute (NLI).

• Amy Goldsmith and Laurie Stanziale to Present a CLE program on How Copyright Protection Intersects With Architectural Works
  

  On June 20, Intellectual Property chair Amy Goldsmith and Construction partner Laurie Stanziale will present a CLE program, “Architectural Works: Whose Line, Drawing or Plan is it Anyway?" for the National Law Institute (NLI). The program will explore the law of copyrights as it applies to an architect’s work product as well as owner-architect agreements and instruments of service for the parties to set forth their respective rights and obligations to one another. The program is based on a two-part article that Amy and Laurie wrote for Law360 on the same topic.

• Amy Goldsmith Presents CLE Program on Publicity Rights and Celebrities for Lawline
  

  On May 18, Intellectual Property co-chair Amy Goldsmith presented a Lawline CLE program titled, “Marketing Through Celebrities Update: Publicity Rights, Product Placement and Endorsement.” She discussed how, for decades, the names, likenesses, images and voices of celebrities have been used for marketing purposes.

• Amy Goldsmith to Co-Present CLE Program on Effective Communication with Prospects and Clients for the New York Women’s Bar Association
  

  On March 16, Intellectual Property co-chair Amy Goldsmith will co-present a CLE program titled, “The Discovery Dialog System: Effective Communications with Prospects and Clients” for the Solo and Small Firm Committee of the New York Women’s Bar Association.

• Amy Goldsmith to Discuss Copyrights at Time & Space Event for Artists and Creative Thinkers
  

  Amy Goldsmith will speak at Time & Space’s “Beg, Borrow & Steal” program. The program will explore intellectual property issues as they relate to artists and creative thinkers.

• Amy Goldsmith and Brittany Lazzaro to Present NYSBA Program on Strategic Networking
  

  On December 15, Amy Goldsmith and Brittany Lazzaro will be featured speakers at a New York State Bar Association event titled, “Consider Networking a Strategy, Not a Tactic.”

• Amy Goldsmith to Present Lawline Webinar on Website Terms and Conditions
  

  Amy Goldsmith will present the Lawline Webinar “Website Terms and Conditions: One Size Does Not Fit All Territories.”

• Amy Goldsmith, Philip Braginsky and Aasheesh Shravah to Present Lawline Webinar on Software Patentability
  

  Amy Goldsmith, Philip Braginsky and Aasheesh Shravah will present the Lawline Webinar “To Be or Not To Be: That is the Abstract Question, Naturally.”

• Amy Goldsmith Speaks on Using Persuasion to Win at ABA Women Rainmakers Program
  

  Amy Goldsmith will speak at the American Bar Association workshop "Don't Be Afraid to Persuade: Using Persuasion to Win."

• Amy Goldsmith to Facilitate ABA Program on Marketing Success
  

  Amy Goldsmith will facilitate the American Bar Association Women Rainmakers program "How to Ask for New Business and Seal the Deal."

• Patent Design Strategy and the new Hague Agreement for Designs
  

  Amy Goldsmith and Philip Braginsky, Co-Chairs of the Intellectual Property Practice, presented the Lawline webinar “Patent Design Strategy and the new Hague Agreement for Designs.”

• 3D Printing: The Newest Dimension in IP Protection
  

  Amy Goldsmith and Philip Braginsky, Co-Chairs of the Intellectual Property Practice, presented the Lawline webinar “3D Printing: The Newest Dimension in IP Protection.”

• No Good Idea Goes Unpunished: IP Protection in the World of Retail
  

  Amy Goldsmith presents "No Good Idea Goes Unpunished: IP Protection in the World of Retail" for Lawline. This seminar provides an overview of the strategies for protecting your intellectual property in the retail industry.

• Marketing through Celebrities - Publicity Rights, Product Placement and Endorsement
  

  Amy Goldsmith presents "Marketing through Celebrities - Publicity Rights, Product Placement and Endorsement" for Lawline. This program provides a substantial understanding of publicity rights and reviews various applicable cases from the inception of the doctrine, and covers contractual protection for publicity rights, including endorsement contracts, product placement and licensing.

• Amy Goldsmith Presenter for Lawline Webinar on "Reality Television: Copyright Issues and Participant Contracts"
  

  Amy Goldsmith was a presenter for the "Reality Television: Copyright Issues and Participant Contracts" webinar.

• Amy B. Goldsmith to Speak at Law of Luxury Goods Series
  

  Amy B. Goldsmith will be speaking at the Law of Luxury Goods Series on July 22 in London. Her presentation is titled “How to Market through Celebrities & Music Bands – Publicity Rights, Product Placement & Endorsement Deals.”

• Setting up Shop: Key Legal Issues for the Retail Industry
  

  Tarter Krinsky & Drogin partnered with Università Bocconi to host a full-day program as part of its In-Company Training Program. The presentation, titled “Setting up Shop: Key Legal Issues for the Retail Industry” focused on the  key legal challenges for retail clients entering the U.S. market. 

• Firm Partners with Lawline on “Business in a Box” Series
  

  On October 27 Tarter Krinsky & Drogin partnered with Lawline to host “Business in a Box” – a one-day series of CLE presentations designed to address the top legal issues facing emerging companies in growing and protecting their businesses.

• Yours, Mine, and Ours: The U.S. Supreme Court Decision on Genetic Patents
  

  Amy B. Goldsmith will be speaking on gene patenting on June 28. The seminar entitled “Yours, Mine, and Ours: The U.S. Supreme Court Decision on Genetic Patents” will be held over a live webcast on Lawline.com.

• Amy Goldsmith Speaks at Inaugural TEDx Times Square Conference
  

  Amy B. Goldsmith spoke at the inaugural TEDx Times Square conference on the subject of “Openness: Do We Still Own the Rights to Our Ideas, Bodies and Products?” Her presentation addressed ownership of one’s own tissues and genes, as well as fashion and business concepts.

• Amy Goldsmith Hosts Lawline Presentation on the Patentability of Human Genes
  

  Amy Goldsmith will present “Yours, Mine and Ours (not yet!): An Update on the Patentability of Human Genes” on Lawline.com. In this the latest part of her Genetic Patent Series, she explores, the burgeoning issue of patent protection eligibility for genetic processes. 

• Amy Goldsmith and Giuliano Iannaccone Speak at Fashion Law Conference
  

  Amy Goldsmith and Giuliano Iannaccone will speak at "Fashion Law: the IP and Distribution Issues Facing the Industry Today" on February 15, 2013. This conference is co-sponsored by the International Association of Lawyers and the International Association of Young Lawyers.

• Amy Goldsmith Authors New York Law Journal Article, Transferring Personal Data From Europe and Switzerland to the U.S.: Where Are We Now?
  

  Whether your business is multinational or not, it’s likely that at some point information containing personal data will need to be transferred from Europe or Switzerland to the United States. 

• Russia’s Seizure of Intellectual Property Rights & What it Means For Business
  

  For many years, the U.S. Trade Representative has published a Special 301 Priority Watch List of countries that do not adequately protect intellectual property rights.

• The U.S. and the EU Reach an Agreement in Principle on Data Transfer
  

  The U.S. and the European Commission (EC) took an important step towards a new data transfer framework as President Biden and EC President Ursula von der Leyen jointly announced on March 25 that an agreement in principle had been reached on a new framework for trans-Atlantic data flows.

• China Issues Stricter Rules on Trademark Use
  

  On January 1, 2022, the China National Intellectual Property Administration’s (CNIPA) newly-issued Standards for Judging General Trademark Violations (Standards) took effect.

• Amy Goldsmith Authored the Article, Battle of Tech Titans: Google LLC v. Oracle America, Inc.
  

  Amy B. Goldsmith, Partner and Chair of the Privacy and Cybersecurity Group,  published an article in the NYSBA Corporate Counsel Section titled, “Battle of Tech Titans: Google LLC v. Oracle America, Inc.,”.

• Fast and Furious: Copyright Office Proposal for New Expedited Registration
  

  Congress passed the CASE Act (Copyright Alternative in Small-Claims Enforcement Act of 2020) in December of 2020, which included authorization for the Copyright Office to establish a three-member tribunal called the Copyright Claims Board (CCB).

• Battle Royale: Google LLC v. Oracle America, Inc.
  

  The question of fair use has been the subject of many notable court decisions, including one recent one from the Second Circuit Court of Appeals holding that Warhol’s use in the artwork of Lynn Goldsmith’s photographs wasn’t transformative and hence didn’t qualify for the fair use defense (see our alert on that decision here).

• Fair Use: Prince of the Universe Dethroned in Favor of the Goldsmith
  

  Decades ago, Andy Warhol created 15 silkscreen prints and pencil illustrations based on Lynn Goldsmith’s 1981 photograph of the artist Prince. 

• Our Top 10 Legal Alerts from 2020
  

  As we start a new year, we would like to share with you some of our most popular legal alerts from 2020. Our top alerts range from bankruptcy, construction, COVID-19, labor & employment, immigration, trusts & estates, corporate & securities, litigation and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been helpful to you and your colleagues, and demonstrate our commitment to providing important information to you.

• New York State Establishes Descendible Right of Publicity
  

  On December 1, 2020, New York State Governor Andrew Cuomo signed Senate Bill S5959D (the Bill) into law. The Bill adds Section 50-f to the civil rights law, establishing a right of publicity for deceased performers and deceased personalities for 40 years after their death. The new section will be effective on May 31, 2021 and will apply to all such persons who died on or after that date.

• COVID-19 and Considerations for March-In Rights and Compulsory Licenses
  

  The COVID-19 pandemic has had an enormous and likely long-term impact on research into infectious diseases, ushering in a flurry of investigation into possible treatments and vaccines. The pandemic is also influencing how those in the wider healthcare system will bring relevant diagnostics and therapies to the market and ultimately to those in need.
  Many of the future underlying innovations in diagnostics, treatments, vaccines, and other related healthcare services for COVID-19 will come from a university, research institution or other recipient of federal research funding. The desperate healthcare, social and political needs for these innovations may dramatically influence how future research and medical innovations enter the market and ultimately reach patients in need. As such, COVID-19 could substantially affect how both the United States and the world deal with similar crises in the future.

• Posting Pictures on Social Media: Do's and Do Not's
  

  Now more than ever before, almost everyone is online, both personally and for business purposes. There is a lot of confusion about posting pictures and images on social media - Instagram, Facebook, Pinterest and other platforms. What is legally permitted and what isn't?

• USPTO Further Extends Certain Patent and Trademark Deadlines to June 1, 2020; U.S. Copyright Office Extends Deadlines to July 10, 2020
  

  In a follow up to our alert issued on April 2, 2020, in accordance with The Coronavirus Aid, Relief and Economic Security Act (CARES Act), on April 28, 2020, United States Patent and Trademark Office (USPTO) Director Andrei Iancu issued public notices regarding the further extension of certain patent and trademark deadlines to June 1, 2020.  

• Graffiti on Buildings: Does it Stay or Go?
  
  Under what circumstances can a building owner legally remove artwork from a building?

  In 2018, a group of graffiti artists was awarded $6.75 million dollars for the improper removal of their art. On February 20, 2020, the United States Court of Appeals for the Second Circuit upheld that lower court's ruling. In Castillo vs. Cohen et al, 950 F.3d 155 (2d Cir. 2020), known as the 5Pointz case, the appellate court issued a decision that provides needed guidance to building owners and graffiti artists alike.

• Effects of COVID-19 on Various Patent and Trademark Offices Worldwide
  

  The COVID-19 pandemic has had an impact on patent and trademark offices and operations globally. Below is a summary of changes seen over the past few weeks.

• USPTO Extends Certain Patent and Trademark Deadlines
  

  On March 31, 2020, in accordance with The Coronavirus Aid, Relief and Economic Security Act (CARES Act), United States Patent and Trademark Office (USPTO) Director Andrei Iancu issued a public notice regarding the extension of certain patent and trademark deadlines. 

• U.S. Patent and Trademark Office Changes the New Email Address Rule
  

  In this Alert, we reported on the new email address rule. The U.S. Patent and Trademark Office (USPTO), based on objections from trademark attorneys throughout the U.S., has now modified the new email address rule to permit appointed attorneys to both establish and monitor the new email address for trademark applicants and registrants.

• The U.S. Patent and Trademark Office Requires Email Address of Applicants in All Trademark Filings as of February 15, 2020
  

  As of February 15, 2020, all new trademark applications and post-registration filings (such as proof of use and renewals) must include an email address of the applicant(s) in addition to the name, email address, and postal address of an attorney who is an active member in good standing of the bar of the highest court of a state in the United States.

• New York State of Mind: Data Breach and Data Security
  

  In 2019, New York's state legislature did not pass the NYPA: the New York Privacy Act. For the moment, there is no state law governing privacy, although the NYPA may be part of the 2020 legislative agenda. However, the SHIELD Act (Stop Hacks and Improve Electronic Data Security Act) was signed into law by the Governor.

  SHIELD modified New York's data breach notification law and the state technology law (N.Y. General Business Law (GBL) §899-aa and N.Y. State Technology Law (STT) §208). The STT governs the obligations of state agencies if there is a data breach; the GBL relates to everyone else. SHIELD also imposes new data security obligations. SHIELD is effective as of March 21, 2020.

• Is California Calling Your Business? The California Consumer Privacy Act Is Here
  

  On January 1, 2020, the most restrictive data privacy act in the United States, the California Consumer Privacy Act (CCPA), went into effect.

  This law is not limited only to businesses that are established or have locations in California. To the contrary, the CCPA applies to any for-profit business “doing any business in California” which collects personal information from California residents and satisfies just one of these criteria: (a) has a gross revenue of greater than $25 million dollars, (b) annually buys, receives, sells or shares personal information of more than 50,000 consumers, households or devices for commercial purposes or (c) derives more than 50% of its annual revenues from selling consumers’ personal information.

• We're Happy You Joined: Canada and Brazil Are the Most Recent Nations to Sign on to the Madrid Protocol
  

  Canada and Brazil have signed on to the Madrid Protocol, which established "one-stop shopping" for filing an international trademark application. The Protocol came into effect in Canada on June 17, 2019 and will come into effect in Brazil on October 2, 2019, bringing the total of Protocol nations to 121.

• The Supreme Court Says Yes to "Seven Dirty Words"
  

  The road to permitting the registration of George Carlin's seven dirty words began in 2017, with the Supreme Court holding unconstitutional the Trademark Act's prohibition against registration of trademarks which are disparaging. That decision permitted the registration of the mark "THE SLANTS" for entertainment in the nature of live performances by a musical band.

• Tarter Krinsky & Drogin’s Top 10 Legal Alerts from the First Half of 2019
  

  As we head into summer, we would like to share with you some of our most popular legal alerts from the first half of 2019.

  Our top-read alerts range from construction, labor and employment, tax, corporate and securities, immigration, cooperatives and condominiums, commercial leasing, real estate, litigation and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been valuable to you and your colleagues, and demonstrate our commitment to providing helpful information to you.

• Mission Accomplished: U.S. Supreme Court Favors Protection of Trademark Licensee After Bankruptcy Court Rejection of Trademark License
  

  On May 20, 2019, the U.S. Supreme Court issued a long-awaited and important decision in Mission Product Holdings, Inc. v. Tempnology, LLC, 587 U.S. __ (2019) (the Supreme Court decision), resolving a split amongst various Circuit courts concerning the impact of rejection of trademark licenses by debtor-licensors in a bankruptcy case.

• Across the Atlantic: Strategic Considerations for Holders of IP Rights
  

  The news cycle is filled with the raucous activity of the UK Parliament with regard to Brexit, the "exit" of the UK from the European Union. On March 29, even Theresa May's offer to resign did not persuade Parliament to approve of the Withdrawal Agreement. As of yesterday, Brexit Day has moved to October 31, 2019, but the EU's extension obligates the UK to vote in parliamentary elections in May (or Brexit Day will be June 1). The EU will convene a summit in June to review the UK's progress towards Brexit.

• Making Waves: Use of Personal Images by the Vessel at NYC’s Hudson Yards
  

  Are you and your family first in line at your hometown stadium on Opening Day? Do you regularly visit museums and attractions? Have you seen your face on the big screen or posted your own pictures on social media? Most likely, your answer is “Of course!” But have you read the fine print that governs what the venue is permitted to do with your name, likeness, image, voice and uploaded photos? Visitors to the new Hudson Yards attraction in NYC, named the “Vessel,” which opened on March 15, were taken by surprise at the scope of the rights that they gave away by buying tickets and visiting the building.

• Copyright Clarity from the U.S. Supreme Court
  

  Yesterday, the U.S. Supreme Court unanimously decided that a copyright registration is required in order to sue for copyright infringement. The various appellate courts had been split: some had permitted copyright owners to sue even before an application had been granted, while others required the registration prior to suit. The issue arose due to this language in Section 411(c) of the Copyright Act: "no civil action for infringement of the copyright in any United States work shall be instituted until ... registration of the copyright claim has been made in accordance with this title." (emphasis added) The next sentences of Section 411(c) allow a plaintiff to sue even if the Copyright Office has rejected the application - but only if the plaintiff notifies the Copyright Office of the lawsuit.

• Amy Goldsmith Authors Law360 Article on Difficulties in Obtaining Copyright Protection for Jewelry Designs
  

  Intellectual Property co-chair Amy Goldsmith authored an article featured in Law360 titled, “Copyright Protection For Jewelry Seems Tangled.” In the article, Amy discusses registering copyrights for jewelry, which has become increasingly difficult based on recent trends in the U.S. Copyright Office.

• Our Top 10 Legal Alerts from 2018
  

  As we start a new year, we would like to share with you some of our most popular legal alerts from 2018. Our top-read alerts range from construction, corporate and securities, labor and employment, tax and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been valuable to you and your colleagues, and demonstrate our commitment to providing helpful information to you.

• Amy Goldsmith Authors Lawline Blog Post on IPoems, Patent Law Edition
  

  Intellectual Property co-chair Amy Goldsmith authored a Lawline blog post, “IPoems, Patent Law Edition.” The blog post contains poems written by Amy that are designed to break down complex terms of patent law to make them easier to digest. Amy states, “If a picture is worth a thousand words, an informative limerick might be worth an entire law review article.” She goes on to share her original poems on patent law and gives correlating explanations for each.

• Amy Goldsmith Authors IP Watchdog Article on the Music Modernization Act of 2018
  

  Intellectual Property co-chair Amy Goldsmith wrote an article that was featured in IP Watchdog on “Musically Inclined: The Music Modernization Act of 2018.” In the article, Amy explores the recent disputes between Flo & Eddie, the owner of pre-1972 musical recordings, and Sirius XM, which publicly performed those recordings, regarding whether common law or statutory copyrights existed and if so, what level of compensation was due.

• California Leads the Way with a New Data Privacy Law
  

  On June 28, the California legislature passed the California Consumer Privacy Act, the toughest data privacy law in the country. The law, which will take effect in 2020, imposes new requirements on businesses in an approach similar to the recently passed European General Data Protection Regulation (GDPR). It aims to put ownership and control of personal information back in the hands of consumers, and to hold businesses accountable for any data security breaches.

• Supreme Court Says Remote Taxation Is Permitted: Online Sellers Must Collect State Taxes
  

  In a closely watched case involving South Dakota’s 2016 law requiring the collection of state sales tax by out of state retailers who have no physical presence in the state, in a 5 to 4 decision, the Supreme Court yesterday decided to overturn two of its older decisions prohibiting the practice in South Dakota v. Wayfair, Inc. No. 17-494. Many states have been waiting for this decision and are likely to pass their own remote taxation laws, and online sellers will then need to collect and remit tax to each such state.

• Preparing for GDPR: Steps to Take Today
  

  The European Union has enacted a new General Data Protection Regulation (GDPR) that will take effect on May 25, 2018 regarding how businesses, wherever they are located around the world, must manage the personal data of European "data subjects."

• Amy Goldsmith Authors Intellectual Property Poems for the New York State Bar Association’s Corporate Counsel Publication
  

  Intellectual Property co-chair Amy Goldsmith wrote “IPoems: Lessons from the World of Intellectual Property” for Inside, a publication of the corporate counsel section of the New York State Bar Association.

• U.S. Supreme Court Seriously Limits Forum Shopping for Patent Litigation in Unanimous Decision
  

  For close to 30 years, patent owners have been able to strategically select the best location for a patent litigation, assuming that the defendant sold the contested product in that location. Popular courts include the Eastern District of Texas and the Eastern District of Virginia. But not anymore... Last week, in a unanimous decision, the U.S. Supreme Court narrowed the possible venues for bringing patent infringement suits, holding that a defendant can be sued only as a "resident" of its state of incorporation, not in any state where it sells products. TC Heartland LLC v. Kraft Foods.

• Preserving the DMCA Safe Harbor - Why You Should Register Your DMCA Agent Now
  

  The Digital Millennium Copyright Act (DMCA) established a safe harbor for online service providers (OSPs) which benefits any website that contains content from third parties.

• What You Need to Know About "Unofficial" Solicitations of Advertisements, Registration and Customs Recordals
  

  An increasing number of our clients have received letters from companies that appear to be government agencies with names such as "U.S. Trademark Registry," "U.S. Trademark Registration Office" and "Registration & Monitoring Division."

• Amy Goldsmith and Laurie Stanziale Co-Author Article on Owner-Architect Agreements for Law360
  

  Intellectual Property partner Amy Goldsmith and Construction partner Laurie Stanziale wrote, “Whose Line, Drawing Or Plan Is It Anyway?" which was part 2 of a two-part article for Law360. The article addresses owner-architect agreements and instruments of service for the parties to set forth rights and obligations.

• Amy Goldsmith and Laurie Stanziale Author Article on Copyright and Architectural Works for Law360
  

  Intellectual Property partner Amy Goldsmith and Construction partner Laurie Stanziale wrote “Whose Line, Drawing Or Plan Is It Anyway?”, which is part 1 of a two-part article, for Law360.

• Brexit and IP Rights
  

  On June 23rd, the UK voted to leave the European Union (Brexit).

• New Challenge for Restaurant Owners: Obtaining Federal Trademark Registration for a Single Location
  

  An interesting decision was recently issued by the Trademark Trial and Appeal Board rejecting a trademark application for pizza in connection with a single location restaurant.

• Legal Alert: A New System For International Design Protection
  

  Design patents continue to grow in importance for many industries. If your company designs tangible products or packages, there is a new, efficient way to seek international protection for design features.

• Legal Alert: .SUCKS is Here: Can Your Brand Be Protected?
  

  With the goal of fostering public commentary, the new domain name .SUCKS was approved by ICANN. Despite objections from some in the IP community, the sunrise period for .SUCKS is now open; it runs until May 29th.

• Legal Alert: Alice Corp. v. CLS Bank's Effect on Business Method Patents
  

  The patent landscape has changed regarding business method patents.
  In the summer of 2014, the Supreme Court issued a decision in Alice Corp. v. CLS Bank which invalidated certain business method patents related to finance. The basis for the invalidation was that the patents covered an abstract idea not eligible for patent protection.

• Beware of the Boilerplate Series: "Defend, Indemnify and Hold Harmless"
  

  Many agreements include an indemnification clause typically using language like this: “Party A will defend, indemnify and hold harmless all claims, losses and damages against Party B related to its use of the Technology.”

• Beware of the Boilerplate Series: Defining Confidential Information
  

  In Non-Disclosure Agreements, there is often boilerplate language that includes trade secrets in the definition of “Confidential Information.” This seemingly innocuous language can lead to problems for the owner of the trade secrets.

• Beware of the Boilerplate Series: Limitation of Liability
  

  Be wary of giving up your rights for "lost profits." In most jurisdictions, there are two types of "lost profits": (1) those arising from general damages (recovery of money that a party agreed to pay under a contract); and (2) those arising from consequential damages (recovery of money lost based on other business arrangements). The first is generally easier to prove, but often a party in breach can be reasonably expected to pay the second.

• Beware the Boilerplate Series: Always Define the Meaning of "Intellectual Property"
  

  Clearly define the grant provisions of all of your IP contracts. If you want to transfer or receive "intellectual property" or "technology," ensure that these terms are well defined and unambiguous. Definitions matter! By making the contract terms clear, you can potentially reduce (or eliminate entirely) future litigation costs.