Catherine Nyarady

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

September 13, 2022 | New York Law Journal

This article reports on 'Andy Warhol Foundation for Visual Arts v. Goldsmith', which may profoundly affect the fair use analysis, and in turn, the scope of copyright protection for many works.

By Eric Alan Stone and Catherine Nyarady

9 minute read

July 12, 2022 | New York Law Journal

Aspiring artists, musicians, writers, and other authors often license or transfer their rights to others before knowing whether their work will be successful. In some cases, an author may wish to capitalize on ensuing success by reclaiming exclusive rights to the work. The Copyright Act permits authors to do so under certain circumstances, providing authors with an opportunity to renegotiate the prior transfer or monetize works that have greatly increased in value in the ensuing years. This column reports on recent decisions that address termination.

By Eric Alan Stone and Catherine Nyarady

9 minute read

May 10, 2022 | New York Law Journal

Two recent Federal Circuit cases have clarified that notice letters sent by an out-of-state patent holder into a forum state might create personal jurisdiction in that state over the patent holder.

By Eric Alan Stone and Catherine Nyarady

9 minute read

March 08, 2022 | New York Law Journal

The Federal Circuit will decide a case that could affect the ability of foreign trademark owners to block others from registering the same marks in the United States and may create a circuit split. Eric Alan Stone and Catherine Nyarady report on the case in this edition of their Intellectual Property Litigation column.

By Eric Alan Stone and Catherine Nyarady

9 minute read

January 11, 2022 | New York Law Journal

In this edition of their Intellectual Property Litigation, Eric Alan Stone and Catherine Nyarady report on 'Unicolors v. H&M Hennes & Mauritz, L.P.', in which the U.S. Supreme Court is considering the standard by which an accused infringer must demonstrate that a copyright registrant knew of inaccuracies in a copyright registration. The outcome of this case may affect the ability of accused infringers to avoid liability by relying on inaccuracies in copyright registrations.

By Eric Alan Stone and Catherine Nyarady

8 minute read

November 09, 2021 | New York Law Journal

In two recent decisions, the Federal Circuit and a Delaware district court took account of the underlying economic conditions that permit and prevent awards of lost profits, and looked at the implications of those conditions on otherwise unrelated areas of law. In this edition of their Intellectual Property Litigation column, Eric Alan Stone and Catherine Nyarady report on these cases and provide guidance for practitioners regarding the influence of lost profits damages over other issues in patent cases.

By Eric Alan Stone and Catherine Nyarady

8 minute read

September 07, 2021 | New York Law Journal

In their Intellectual Property Litigation column, Eric Alan Stone and Catherine Nyarady report on the case 'Select Comfort Corp. v. Baxter;', where the Eighth Circuit joined the majority of circuits in permitting recovery for "initial-interest confusion" in trademark cases under certain circumstances. The Supreme Court is currently considering whether to review the decision and potentially resolve a circuit split on this issue.

By Eric Alan Stone and Catherine Nyarady

8 minute read

July 13, 2021 | New York Law Journal

In this edition of their Intellectual Property Litigation column, Eric Alan Stone and Catherine Nyarady discuss 'American Axle & Mfg. v. Neapco Holdings', where the Supreme Court is considering a petition in a Patent Act §101 case in which the Federal Circuit split six-to-six in denying rehearing en banc. The Supreme Court recently called for the views of the Solicitor General.

By Eric Alan Stone and Catherine Nyarady

9 minute read

May 11, 2021 | New York Law Journal

In their Intellectual Property Litigation column, Eric Alan Stone and Catherine Nyarady discuss 'Tiffany v. Costco,' where the U.S. Court of Appeals for the Second Circuit provided guidance as to the circumstances that may give rise to liability for counterfeiting, as distinct from mere infringement, and 'Omega v. 375 Canal,' where the court addressed liability for contributory infringement for counterfeiting.

By Eric Alan Stone and Catherine Nyarady

9 minute read