Dunnington obtained a $12 million judgment for Russian broadcasters in the first case applying the Federal Communications Act of 1934 (“FCA”) to internet television piracy. On June 16, 2020, the judgment was entered by the Hon. George B. Daniels of the Southern District of New York against the operator of a service that offered unlimited internet television access for monthly credit card payments. Section 605(a) of the FCA prohibits the unauthorized interception, publication, and use of interstate or foreign radio communications. Read More
On July 1, 2020, Dunnington partner Ray Dowd will present a Federal Bar Association webinar “Lessons From John Steinbeck’s Grapes of Wrath: Copyright Terminations Under Section 203 and 304 of the Copyright Act.” The webinar will discuss Steinbeck v. Kaffaga, a case in which a petition for certiorari is pending before the U.S. Supreme Court. Dunnington partners Ray Dowd and Olivera Medenica authored a brief in support of the petition on behalf of amici curiae the Authors Guild, the Dramatists Guild, the American Society of Journalists and Authors and former Register of Copyrights Ralph Oman. Read More
Healthvana Sues “As Seen On TV” Company Over Hand Sanitizer
On Tuesday, May 12, 2020, digital healthcare start up Healthvana, Inc. sued Telebrands Corp., the company credited as the pioneer of “As Seen on TV” ads, in a California district court, claiming that it was damaged as a result of Telebrands’ unauthorized use of the registered trademark Healthvana to sell overpriced hand sanitizer. Read More
The United States Patent and Trademark Office has launched a “USPTO COVID-19 Response Resource Center.” Information regarding patent and patent licensing resources, innovation incentives, trademark counterfeiting and consumer fraud, and international COVID-19 related updates – including regarding the World Intellectual Property Organization (WIPO) are available here. Read More
Donna Frosco, Partner
May 20, 2020
Multinational and foreign business and non-profit entities conducting business in the United States may find the layers of regulations inherent in the United States’ federal/state/local regulatory scheme rather complex in “normal” times. For that reason, Dunnington created a “Doing Business in the United States” brochure which you can find here.
However, during the COVID-19 pandemic, things have become even more complicated. To help foreign entities with U.S. operations identify issues states-side business units may face in these unprecedented times, we offer the following questions for consideration and provide information, examples and resources which may be helpful in assessing your particular circumstances. Read More
Citing their authority pursuant to the CARES Act, on May 1, 2020 the U.S. federal agencies which administer federal trademark and copyright registrations each announced further extensions of certain key deadlines for parties impacted by COVID-19. Read More
On April 29, 2020, Dunnington partners Ray Dowd and Olivera Medenica filed an amicus curiae brief on behalf of The Authors Guild, The Dramatists Guild, The American Society of Journalists and Authors, and former Register of Copyrights Ralph Oman at the United States Supreme Court. The case involves a dispute among John Steinbeck’s heirs over who should benefit from copyright termination rights. Read More
Dunnington partner Olivera Medenica’s article on how the CARES Act impacts the fashion industry was featured on the “Top Stories” section of FashionUnited.
Intellectual Property and COVID-19:
U.S. Trademark Office and U.S. Copyright Office Extend Deadlines
The United States Patent & Trademark Office has extended certain filing deadlines for those impacted by the COVID-19 pandemic. Previously, the Trademark Office had waived certain late fees (see DUNNINGTON’s previous post here).
Citing Authority granted by the CARES Act on March 27, 2020, due dates for most filings with deadlines between March 27, 2020 and April 30, 2020 now have been extended by 30 days, provided that they are accompanied by mandatory statements of COVID-19 impact. Read More
USPTO Offers Relief to Trademark Owners and Applicants Affected by the COVID-19 Outbreak
Amidst the ongoing COVID-19 outbreak, many federal agencies are implementing measures to assist individuals and entities being affected by the pandemic. The United States Patent and Trademark Office (USPTO) has taken action in order to assist trademark applicants and owners who have been affected by the outbreak. Read More