Disparaging Trademark or Reclaimed Slur? The Supreme Court Weighs In Matal v. Tam

June 21, 2017

In a unanimous decision in Matal v. Tam, 582 U.S. __ (2017), the U.S. Supreme Court ruled that federal law prohibiting the registration of disparaging trademarks or service marks was unconstitutional under the First Amendment and that the United States Patent and Trademark...

Benefit Corporations and Purpose-Driven Commerce

May 12, 2017

 “Brands and consumers will continue to come together to form a more cohesive and fluid business ecosystem….The new era of business is about creating enterprises that work together in tandem to drive commerce that matters.” – Billee Howard, We-Commerce...

What’s the Point of New York’s LLC Publication Requirement?

April 27, 2017

Every new limited liability company (LLC) organized under the laws of the State of New York must announce its formation by publishing a notice in two newspapers for a period of six weeks, which could cost the LLC up...

A Virtual Reality Check – Oculus v. ZeniMax: Applying Copyright Law to VR

April 17, 2017

On February 1, 2017, a Texas jury found Facebook subsidiary Oculus VR, Inc. liable for $500 million in damages in its dispute with ZeniMax over Oculus Rift, a virtual reality technology acquired by Facebook in 2014. The jury found...

“Cannabusiness” in the U.S.

March 27, 2017

What’s Kosher, What’s Crowded, and What Will Get Crushed? As public opinion continues to shift in favor of legalizing marijuana and state legislatures respond accordingly, many people, including investment firms and financial analysts, believe that legalized cannabis and cannabis-related...

(Trade)Marking Your Territory

March 23, 2017

A strong trademark or service mark can become a valuable asset for your business, so when you come up with a great name or memorable tagline for your product or service, it makes sense to register the trademark. Common...

I’ve Seen the Future, and It’s Voice Activated

March 20, 2017

Smartphones are awesome. But aren’t you sick of looking at the tiny screen, especially if you wear glasses? A hundred times a day you stop in your tracks to navigate some groovy mobile interface to get a tiny piece...

New York Takes a Chance on a Game of Skill

March 6, 2017

How the distinction between skill and chance gave rise to a billion-dollar industry In daily fantasy sports games, players are not placing “wagers” on the odds of winning based on the number of people playing; they’re paying “entry fees”...

Legal Alert: Don’t Forget To Pay Your Annual Business Taxes

April 5, 2018

Many states require domestic corporations, limited liability companies, and partnerships to pay an annual tax, known as franchise tax for corporations and annual tax or annual filing fee for LLCs and partnerships, for the privilege to do business and...

You, Me, and 83(b)

February 8, 2017

Imagine you’re at a cocktail party with a circle of sophisticated, seasoned startup investors and you get caught in a conversation about 83(b) elections, finding yourself completely out of your depth. What you do next is critical: First, get...

Legal Alert for Online Service Providers

December 13, 2016

On December 1, 2016, the U.S. Copyright Office rolled out its new electronic registration system and directory for registered agents under the Digital Millennium Copyright Act (“DMCA”). This shift from paper filings to an online platform requires any service...

The Name of the Game is the Name Game

November 18, 2016

IP, New Business Models, War Stories

Our client, who makes virtual reality entertainment apps, forwarded an e-mail from a private investigator. “Is this for real?” they asked. The PI had offered to purchase their URL for 6 figures. The deal was so good that we...