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Author Archives: Alana M. Fuierer

IP Frontiers: The Trademark Modernization Act 2021

Alana M. Fuierer, Esq.

On Dec. 27, 2020, the Consolidated Appropriations Act 2021 (the “Act”) was signed into law. Despite commonly being thought of as merely a “Coronavirus Relief Bill,” it surprisingly contained much more than COVID-19 relief. One of the lesser-known parts of ...

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IP Frontiers: Risks associated with user-generated content and design on e-commerce sites: A trap for the unwary—Part I

The surge of user-generated e-commerce and social media platforms has provided individuals—regardless of location, experience or financial status—the power to become a commercial artist, author, designer, musician or photographer. For emerging entrepreneurs, traditional barriers to entry have been removed by ...

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IP Frontiers: The oft-forgotten importance of design rights

Whether it’s a creative new accessory, trendy footwear, an elegant lamp, sleek coffee machine, or the appearance of a new phone, innovative design surrounds us. Given the significant time and money invested in innovative design, the potential economic and marketplace ...

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IP Frontiers: Which team will cheer the loudest before the Supreme Court: Cheerleading uniforms vs. 3D printing

  Copyright protection requires, among other things, that the original “work of authorship” be non-functional. Over 60 years ago, the U.S. Supreme Court decided Mazer v. Stein,[1]  a pivotal decision for protecting designers against knock-offs and copycats under the Copyright ...

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IP Frontiers: A new regime for international design protection in the U.S.

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In the United States, design patents protect the visual, ornamental appearance of an article of manufacture or product. Historically, this effective exclusionary right has been underutilized. To obtain a patent for a new design, the non-functional ornamental features of a ...

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IP Frontiers: Filing a federal trademark app – it’s easy, right?

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You are incorporating a business for one of your clients and have several corporate names rejected by NY State Department of State because they are “indistinguishable” from a pre-existing corporate name. Eventually, you get one through. Success! Your client then ...

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IP Frontiers: The winding path to the land of public domain

What do “The Wonderful Wizard of Oz” by L. Frank Baum, “The Adventures of Sherlock Holmes” by Arthur Conan Doyle, and the song “Happy Birthday” have in common? According to many, the answer is: All three, published before 1923, are ...

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IP Frontiers: Your client has a patent; it also has a website

Compliance with the statutory requirements for patent marking, although often overlooked, is critical to every company that holds one or more patents for its products. Why mark products? Under §287 of the patent laws, damages can only be recovered from ...

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