Over the past few years, there has been a significant change in how businesses and individuals located outside the United States apply for and maintain U.S. trademarks. Since 2019, the United States Patent and Trademark Office (USPTO) requires all foreign domiciled trademark applicants and owners, including those in Canada, to be represented by a U.S. licensed attorney in all trad [ ... ]
As October 31st approaches, creativity peaks. Some people click “buy now” for an Amazon costume that arrives in a crinkly plastic bag, while others spend days cutting, gluing and sewing to create a masterpiece worthy of a costume contest trophy. From hand-crafted pumpkin suits to meticulously designed haunted house facades, the spirit of Halloween thrives on artistry. But amid [ ... ]
"[I]t cannot be understated that the application of trade secret doctrine to the unique facts of this case is unchartered territory." On September 26, 2025 U.S. District Judge Pamela K. Chen of the Eastern District of New York acknowledged the unprecedented nature of her ruling that Martin Shkreli, the former owner of the exclusive album created by the legendary hip-hop collective [ ... ]
Insights & News
Susan and Arnie Lutzker attended the September INBLF Fly-In in Hamburg, Germany, joined by about 30 members from a dozen countries. The day and a half conference began with a neighborhood walking tour and dinner on the Elbe River, followed by a full day of presentations by members. Topics included current issues in international trade and the UNIDROIT Principles of International Comm [ ... ]
This series highlights the legal complexities of co-ownership of intellectual property — copyrights, trademarks and patents. The assets involved can be as varied as brand names, trademarks and logos, as well as creative works such as songs, artwork, plays, films, music, symbols, inventions and written materials. Co-ownership issues span all industries and affect individuals, c [ ... ]
What is Co-Ownership?
In the Supreme Court’s seminal 1884 copyright case, the Court held that an author is the individual who originates, makes and produces the work. Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53, 61 (1884). A joint work is a work created by two or more authors who intend that their contributions form a unified work. 17 USC § 101. The author of a [ ... ]