August 26, 2024 | New York Law Journal
How AI Is Impacting Legal Issues and Priorities in the Fashion IndustryThis technology is not only enhancing design processes and consumer experiences, but also reshaping the legal landscape, particularly as it relates to intellectual property protection and enforcement, design development and protection, the ramifications of deep fakes on influencer and celebrity endorsements and collaborations, and how to prepare for all of the above in standard industry contracts going forward.
By Dyan Finguerra-DuCharme and Laure Sawaya
8 minute read
March 22, 2024 | New York Law Journal
Social Media Account Ownership: When a Business Relationship Breaks Down, Who Gets the Accounts?This article provides guidance on the standards courts apply in determining ownership rights over social media accounts, as well as best practices to head off such disputes before they occur.
By Dyan Finguerra-DuCharme, Felicity Kohn and Abla Belhachmi
8 minute read
July 11, 2023 | National Law Journal
The Lanham Act Does Not 'Rule the World'Despite the uncertainty raised by the recent SCOTUS decision in Abitron v. Hetronic International, it sends a clear message to rights owners (whether they be businesses, brands or individuals): obtain and enforce your trademark rights on a global basis because the Lanham Act does not "rule the world."
By Dyan Finguerra-DuCharme and Nicholas Saady
8 minute read
June 02, 2023 | New York Law Journal
NFTs and Blockchain-Enabled Goods Are Not Above the LawA discussion of "Yuga Labs, Inc. v. Ryder Ripps," a recent ruling out of California where the court determined that a controversial NFT project infringed Yuga Labs' trademarks. The decision provides important guidance on how the Lanham Act applies to NFTs and how the First Amendment and Fair Use doctrine may be utilized as defenses in NFT lawsuits.
By Dyan Finguerra-DuCharme, Megan Noh, and Nicholas Saady
9 minute read
August 02, 2022 | New York Law Journal
IP Rights in the Metaverse: An Evolving (Virtual) WorldToday, all eyes are on the metaverse as the legal questions it poses will fundamentally change the contours of intellectual property law. As fashion brands and celebrities await for the courts to make a decision in these matters, many brands, including Nike, have taken steps to protect their intellectual property in preparation for the metaverse boom.
By Dyan Finguerra-DuCharme and Abla Belhachmi
7 minute read
February 25, 2014 | Inside Counsel
IP: The effectiveness of trademark survey evidence in administrative proceedingsIn light of the persuasiveness of positive survey results in all types of Board proceedings, conducting a consumer survey should be considered by brand owners.
By Dyan Finguerra-DuCharme
8 minute read
January 14, 2014 | Inside Counsel
IP: 5 noteworthy trademark developments from 2013From the final conclusion of the Louboutin/YSL red shoe spat, to the creation of the Trademarks Clearinghouse for new gTLDs, trademark law was in the news in 2013.
By Dyan Finguerra-DuCharme
14 minute read
June 03, 2004 | New York Law Journal
Outside CounselDyan Finguerra-DuCharme, a junior partner at Wilmer Cutler Pickering Hale and Dorr, analyzes a case decided by the U.S. Supreme Court in 2003 that continues to leave little guidance in the way of proving claims.
By Dyan Finguerra-DuCharme
13 minute read
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