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Fortnite Litigation Battle Royale: Will Copyright Infringement Claims Against Game Creator for the Unauthorized Use of Dance Moves Survive?

Three celebrity entertainers, Alfonso Ribeiro (better known as Carlton from “The Fresh Prince of Bel-Air”), rapper 2 Milly, and Backpack Kid, filed federal lawsuits against videogame creator, Epic Games, for the unauthorized use of their originally created dances and likenesses within the massively popular videogame Fortnite


Preventing Trade Secrets Theft Under the Defend Trade Secrets Act

In 2016, Congress passed the Defend Trade Secrets Act of 2016 (DTSA), an amendment to the Economic Espionage Act of 1996.


Fashion Wars: Protecting Trends from Ubiquity in US Courts

Throughout history, fashion trends have reflected social attitudes toward class status, wealth, power, and sexual identity.


The Supreme Court Turns Its Attention to Auer Deference

On Dec. 10, 2018, the Supreme Court granted certiorari in Kisor v. Wilkie.1 All judges and lawyers who interact with the administrative state directly or on behalf of clients should pay attention to its resolution.


Will Rejection of a Trademark License by a Bankrupt Licensor Bar the Non-debtor Licensee From Continuing to Use the Mark

By the time you read this, the Supreme Court of the United States will have heard argument in Mission Product Holdings Inc. v. Tempnology LLC, in which the Court is expected to decide whether the rejection of a trademark license agreement by a debtor-licensor bars the non-debtor licensee from continuing to use the mark.


How IPRs Became Key Tools in Patent Disputes

The 2011 Leahy-Smith America Invents Act (AIA) created new administrative post-grant proceedings in the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) for third parties to challenge a patent’s validity.


Business As Usual After Berkheimer?

Roughly one year ago, the Federal Circuit’s decision in Berkheimer v. HP Inc


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