Creating a Safer Harbor Under the DMCA
On December 22, 2020, Senator Thom Tillis released the first discussion draft of the Digital Copyright Act of 2021 (“DCA” or the “Act”): an amendment to the Digital Millennium Copyright…
Appropriation Art vs. Copyright Law: A Recent Setback for the Promotion of the Arts
The Second and Ninth Circuits have consistently led the way in establishing the scope of American copyright law. In the past few years, the Second Circuit in particular has had the difficult…
Decentralized Finance: The Big Picture
From its inception, Bitcoin was developed as a means to eliminate the middleman and decentralize financial transactions from government regulation. In fact, digital currencies can address the critical issue of…
Data Privacy in the Metaverse: Real Questions for Unreal Worlds
What do the Pokémon Go craze of the late 2010s, an Ariana Grande concert, and Microsoft’s acquisition of a video game company all have in common? The answer is the…
Can “Mere Ornamentation” Blow Up Product Configuration?
In the playpen that is nonverbal marks, the game is all about whether registrants can jump the hurdle between two opposing classifications—product packaging and product configuration. Conceived to decide whether…
Fashion in the Metaverse
The announcement of Facebook’s plans to rebrand to Meta and launch its metaverse has come with many questions about the use of trademarked fashion in this new virtual world. The…
Failing to Deliver: How Recent New York Legislation Aimed at the Food Delivery Market Misses the Mark
New York City’s restaurant industry is a bedrock of this city’s cultural, social, and economic capital. However, the relationship between this industry and its customer-base is increasingly mediated by out-of-state,…
NFTs In Sports Industry May Expose “Minty” Fresh Cracks in the IP Legal Landscape
Today’s digital world is evolving constantly and at extraordinary speeds. Along with these evolutions in the digital space, forms of investment and ownership are also advancing to make use of…
Patenting Psychedelic Drugs
Research and investment in psychedelic drugs have exploded in recent years. Clinical trials have shown promising results using long-stigmatized drugs like psilocybin (found in magic mushrooms), LSD, and MDMA to treat various mental-health…
Recent Developments in the Restitution of Nazi-Looted Art
Over the course of this winter, the art world has seen several significant developments in legal cases concerning the restitution of art looted by the Nazis during World War II.…