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WHAT WE'RE WATCHING

NEW TECH, SAME LAWS? - We are living in a material world—but pretty soon we could all be spending a lot more time in the metaverse. That (virtual) reality has attorneys thinking a lot these days about whether and how real world laws might apply in this new corner of cyberspace. As Law.com's Cassandre Coyer reports, trademark protection attorneys are paying close attention to developments that could shape the future of trademark protection law to advise companies on the next best step to protect their brands. "The law tends to lag behind any form of technology, improvement or invention, discovery even. So there's always a lag between sort of the discovery of something new and how the law is going to treat it," said Matt Braunel, registered patent attorney and partner at Thompson Coburn. "I think the first step is going to be for the law to try and determine if traditional legal concepts are applicable to the metaverse." Answering that question will depend on whether products in the metaverse are considered goods and services or art, said Ron N. Dreben, a partner at Morgan Lewis where he advises clients on intellectual property and technology issues in business transactions. "The metaverse arguably is a lot of digital art, because we're seeing icons, it's a lot of artwork. And when trademarks are used in the context of art, as compared to use on a good or service, the standard of what may constitute infringement or violation is different," Dreben explained.

DECISIONS ON THE DOLLAR -  Law firms won't totally pivot their international strategies based on the fluctuating value of currency. But the dollar's increased strength does give firms something else to think about when they set their prices, Law.com's Andrew Maloney reports. Will Shields, a partner in the private equity practice at Ropes & Gray and a member of the firm's policy committee, said it "certainly" becomes an issue for firms to manage when they consider their billing rates. "Most of us bill in dollars, and in a global practice you have to think about your cost and how it's spread across the world," Shields said. Exchange rates also matter when setting lawyer compensation, attorneys told Maloney. Just as American tourists might be able to get more bang for their bucks on vacation in Europe right now, U.S. law firms could also get a boost from the greenback's extra purchasing power on the lateral market, analysts said. "Because they can pay more based on the strength of the dollar, it might allow those big firms, those firms that already have a presence, to acquire firms or lawyers or groups of lawyers that they might not otherwise be able to, because they might be able to offer more attractive compensation packages," said Marci Taylor, a law firm consultant and principal at Withum advisory firm.

ON THE RADAR - Harpo, an entertainment and media company founded by Oprah Winfrey, filed a trademark infringement lawsuit on Tuesday in New York Southern District Court. The suit takes aim at Professor Kellie Carter Jackson of Wellesley College and Professor Leah Wright Rigueur of Brandeis University over their podcast "Oprahdemics," a series dedicated to discussion about Winfrey and her cultural impact. The complaint accuses the defendants of misappropriating the "Oprah" mark and "O" logo in connection with the series. The suit was filed by Dorsey & Whitney. Counsel have not yet appeared for the defendants. The case is 1:22-cv-06787, Harpo Inc. v. Jackson et al. Stay up on the latest deals and litigation with the new Law.com Radar. 

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