Catherine Nyarady

July 09, 2024 | New York Law Journal

On May 3, 2023, Judge David C. Nye of the District of Idaho imposed the first-ever bond order under Idaho's Bad Faith Assertions of Patent Infringement Act. In that order, the court required patent owner Katana or its parent company, Longhorn, to post an $8 million bond before allowing it to proceed with its patent infringement suit against Micron.

By Catherine Nyarady and Crystal Parker

9 minute read

May 07, 2024 | New York Law Journal

On April 15, 2024, the U.S. Court of Appeals for the Fourth Circuit affirmed a district court decision denying trademark registration to TBL Licensing LLC for its Timberland boots.

By Catherine Nyarady and Crystal Parker

9 minute read

March 12, 2024 | New York Law Journal

An en banc panel of the Federal Circuit will soon decide whether to amend its long-standing framework for assessing design patent obviousness, known as the 'Rosen-Durling' test. The forthcoming decision in 'LKQ v. GM Global Technology Operations' will be the first en banc decision the Federal Circuit has issued in a design patent case since 2008.

By Catherine Nyarady and Crystal Parker

8 minute read

January 09, 2024 | New York Law Journal

The Second Circuit recently determined that no special First Amendment protections applied to a defendant's use of the Vans Old Skool shoe trademark in selling its own shoes purportedly intended as a critique of sneaker culture. It affirmed the district court's entry of a preliminary injunction against the defendant, finding the plaintiff was likely to succeed on its trademark infringement claim under the Lanham Act. In doing so, it issued its first opinion applying the Supreme Court's June 2023 decision in 'Jack Daniel's Properties v. VIP Products'.

By Catherine Nyarady and Crystal Parker

8 minute read

November 07, 2023 | New York Law Journal

The U.S. District Court for the District of Columbia, in line with the U.S. Copyright Office's determination, found that the generative AI-created artwork at issue in 'Thaler v. Perlmutter' did not satisfy the Copyright Act's "human authorship" requirements.

By Catherine Nyarady and Crystal Parker

7 minute read

September 12, 2023 | New York Law Journal

In this article, Catherine Nyarady and Crystal Parker discuss the pending 'Vidal v. Elster' Supreme Court case and whether a provision of the Lanham Act violates the First Amendment by barring registration of a trademark that contains criticism of a government official or public figure.

By Catherine Nyarady and Crystal Parker

8 minute read

July 11, 2023 | New York Law Journal

Many inventions build on or combine previously known elements, requiring the Patent Office and courts to determine which combinations of, or improvement on, previously known elements are entitled to protection. In doing so, whether or not the claimed invention is patentable often involves asking whether the invention provides unexpected results.

By Catherine Nyarady and Crystal Parker

6 minute read

March 20, 2023 | New York Law Journal

A jury awarded Hermès $133,000 in damages after finding that defendant Mason Rothschild's "MetaBirkins" project—a collection of 100 digital image NFTs of Hermès handbags covered in colorful fur—infringed and diluted the mark to Hermès's Birkin handbags, and that Rothschild was liable for cybersquatting with respect to his "MetaBirkins" website.

By Catherine Nyarady and Crystal Parker

6 minute read

January 10, 2023 | New York Law Journal

In 2023, the Supreme Court is set to address the extraterritorial application of the protections provided by the Lanham Act.

By Catherine Nyarady and Crystal Parker

8 minute read

November 08, 2022 | New York Law Journal

In a case that may have significant implications for the ability of mark holders to enforce their marks against many types of products, the U.S. Court of Appeals for the Second Circuit is now considering whether consumer products such as sneakers can be considered "expressive works" to which First Amendment protections can apply.

By Eric Alan Stone and Catherine Nyarady

9 minute read