Successful, profitable businesses share certain characteristics: immediately recognizable brands, desirable products or services, and a strategic plan which minimizes legal risks. As co-chair of the Intellectual Property Group at Tarter Krinsky & Drogin, Amy B. Goldsmith partners with clients to provide practical legal advice and connections to grow their businesses. A strategic advisor, she guides clients in all stages of their development from idea conception and protection, to funding, manufacturing
She will advise you whether your trademark is available in the United States and
Amy protects the global interests of national and international clients in a wide variety of industries, including fashion, cosmetics, pet products, publishing, medical devices, restaurants and food, exercise equipment, web-based business applications and telecommunications platforms, and consumer and designer goods.
Amy has served as a Vice President of the New York Women's Bar Association and has co-managed their continuing legal education programs for several years. She is also a member of the American Bar Association and the International Trademark Association (INTA) and is on the Board of Directors of Savvy Ladies, a non-profit whose mission is to educate women to be financially savvy. Amy also was a speaker at and served on the Advisory Board for TedxTimesSquare.
Before joining Tarter Krinsky & Drogin, Amy was a partner at Gottlieb, Rackman & Reisman, P.C.
Amy is a frequent lecturer on intellectual property topics for Lawline. Her recent presentations include:
Amy also spoke about the Legal Limits of Openness at the inaugural TedxTimesSquare event on April 10, 2013.
What I do when I'm not practicing law:
When I’m not practicing law, I help sail our 32 foot Cape Dory Loonsong, hike, swim, read and watch science fiction (favorite character: Star Trek Voyager’s Captain Kathryn Janeway), and spend time with my husband and three sons.
AXIUS, created by former USA Rugby player Brian Doyle, is a complete functional gym in one tool. While rehabbing a near career-ending knee injury, Brian became frustrated with the numerous fitness tools needed to accomplish his balance-based workouts. This initial frustration turned to inspiration, leading to Brian inventing AXIUS, a single fitness tool combining the principles of foundational strength with performance training.
As the world’s premier gathering of marketing and communications leaders, Advertising Week is a hybrid of inspiring thought leadership and highly entertaining and engaging special events, featuring the industry’s best and brightest. Drawing from the brand, agency, technology, startup, media and broader cultural communities, Advertising Week is designed to move the needle on key industry challenges and influence the global industry.
Driven by her lifelong commitment to education, Dr. Marie Amoruso decided to explore the impact of the controversial “Common Core” standardized curricula and tests that are used to assess K-12 student achievement. She filmed interviews with an array of parents, administrators, teachers and professors to create the documentary “More…than a score.” Dr. Amoruso needed assistance to make her film project take flight and reach her audiences.
The Hartz Mountain Corporation is one of the world’s largest manufacturers and sellers of pet products, sold through over 40,000 brick and mortar retailers in the US and Canada as well as online. With over 1,500 pet care products, its business success significantly depends on creating differentiated product lines, immediately recognizable brands and a strategic plan to minimize conflicts with competitors.
Intellectual Property co-chair Amy Goldsmith joined Litigation partner and host Rich Schoenstein to discuss trade secrets and disclosing confidential information during a two-episode discussion on Law Brief, Tarter Krinsky & Drogin’s new podcast series.
In the first of the two-part discussion, The Secrets of Trade Secrets, Amy and Rich talk about identifying and protecting trade secrets and confidential information. This part is focused on statutorily protected trade secrets – what they are and how to keep them private.
The second episode of the discussion, Confidential Information Disclosed, delves into defining and protecting trade secrets and confidential information, with an emphasis in this part on the latter, broader category, and what steps a company must take to protect its confidential information.
Tarter Krinsky & Drogin is pleased to announce the launch of a podcast that will cover cutting-edge and ever-changing legal issues and how they affect our businesses in a practical way. The podcast, called “Law Brief,” is hosted by Litigation partner Rich Schoenstein, and features other Tarter Krinsky & Drogin lawyers who will highlight current issues in their practice areas.
Law Brief provides short discussions of current legal issues of interest, designed for non-experts on the go. The conversations are informal but informative, short but deep, and intended to expose all sides of the issues.
Thirty-two lawyers from Tarter Krinsky & Drogin have been named to the 2019 New York Super Lawyers and Rising Stars lists, a rise in Tarter Krinsky & Drogin attorneys awarded as top lawyers in New York. The annual Super Lawyers list recognizes the top five percent of lawyers in New York for their professional achievements. Lawyers are selected through a process that includes independent research, peer nominations and peer evaluations.
Intellectual Property co-chair Amy Goldsmith was quoted in the Creative Business Inc. article, "Does Your Company Take Confidentiality and Trade Secrets Seriously?” The article discusses the importance of implementing protections for confidential information or trade secrets for all companies, no matter the size or industry.
Intellectual Property co-chair Amy Goldsmith is quoted in the Forbes article, “Counterfeits - Amazon, Etsy, eBay, Instagram and Others Duping Consumers and Damaging Innovation.” The article discusses counterfeits and knockoffs in the online e-commerce marketplace and how setting up online storefronts on Amazon, Etsy, eBay and Instagram, among others, gives counterfeiters access to millions of consumers. In turn, legitimate product vendors are finding it difficult to protect their IP rights and police against potential infringements by millions of online storefronts.
Intellectual Property co-chair Amy Goldsmith was featured on Fox 5 New York discussing Australia’s new social media law, which now makes it a crime if social media platforms do not expeditiously remove violent content and can lead to major fines and jail time for media executives.
Intellectual Property co-chair Amy Goldsmith was recently named to Law360’s 2019 Intellectual Property Editorial Advisory Board, which is responsible for obtaining feedback on Law360’s coverage and gaining insight from leaders in the field on how to best shape future coverage.
Tarter Krinsky & Drogin is pleased to announce that three of its lawyers, Intellectual Property co-chair Amy Goldsmith, Immigration partner Roxanne Levine and Construction partner Laurie Stanziale, have been named to Law360’s 2019 Editorial Advisory Boards where they will help in planning Law360’s future coverage in their individual fields.
To celebrate Women's History Month, we are featuring the wise words and career advice from the outstanding women of Tarter Krinsky & Drogin throughout the month of March. We know we can learn from them, and we hope you can too.
Intellectual Property co-chair Amy Goldsmith was quoted in Pacer Monitor’s article, “Nicki Minaj Copyright Suit Asks Federal Court to Weigh Inspiration vs Infringement.” The article discusses the recent lawsuit between singer-songwriters Tracy Chapman and Nicki Minaj wherein Chapman alleges Minaj employed the lyrics from her 1988 single “Baby Can I Hold You” after Minaj’s licensing request was denied. At the core of the litigation is whether being inspired by Chapman’s art is an actual infringement on the part of Minaj.
Thirty lawyers from Tarter Krinsky & Drogin have been named to the 2018 New York Super Lawyers and Rising Stars lists as top lawyers in New York. The annual Super Lawyers list recognizes the top five percent of lawyers in New York for their professional achievements. Lawyers are selected through a process that includes independent research, peer nominations
In a Bankrate article on investing resources for women in honor of Women’s Equality Day on August 26 noting that many women are still being paid less than men, Savvy Ladies, a nonprofit organization that provides personal finance education and resources for women to inspire them to plan for the future, was noted as having helped more than 15,000 women with financial resources. IP co-chair Amy Goldsmith currently serves on the board of Savvy Ladies and is the longest-serving member of the nonprofit’s board.
Intellectual Property co-chair Amy Goldsmith and Intellectual Property partner Alan Tenenbaum were lauded by Lawline during Teacher Appreciation Week 2018 for their recent webinar, “Anatomy of Discovery in Patent Litigation.” In their presentation, Amy and Alan addressed contention interrogatories, discovery in Markman hearings, handling e-discovery and selecting experts. They also discussed how to guide clients through the discovery phase of a patent litigation.
Intellectual Property co-chair Amy Goldsmith was quoted in The Atlantic’s article, “Amazon May Have a Counterfeit Problem.” In the article, Amy discussed whether e-commerce sites are responsible for potentially counterfeit goods being sold on the web. She said, “Essentially, the law says that internet service providers are highways that goods travel over. They are not responsible for what’s in the trucks that go over these roads, as long as they apply a ‘rigorous’ takedown procedure to complaints about counterfeit goods.”
In honor of Women’s History Month, we recognize the exceptional women of Tarter Krinsky & Drogin. They bring tremendous value to our firm, our clients, our profession and our community. Learn more about Intellectual Property co-chair Amy Goldsmith.
Intellectual Property co-chair Amy Goldsmith was interviewed by Vistage regarding her practice and her membership in the organization. Vistage is a leading advisory and executive coaching organization for CEOs, business owners and leaders.
This year, 28 lawyers from Tarter Krinsky & Drogin have been named to the 2017 New York Super Lawyers and Rising Stars lists as top lawyers in the state. The annual Super Lawyers list recognizes the top five percent of lawyers in New York for their professional achievements. Attorneys are selected through a process that includes independent research, peer nominations and peer evaluations.
Four Tarter Krinsky & Drogin attorneys were ranked on the Rising Stars list, which recognizes the top 2.5 percent of lawyers who either are under the age of 40 or have been in practice for 10 years or less.
Learn more about Intellectual Property partner and co-chair Amy Goldsmith as part of our series to recognize the outstanding women at Tarter Krinsky & Drogin in honor of Women's History Month
Amy Goldsmith was quoted in a Complex magazine article that explored the counterfeit economy of designer goods. In the article, Amy discussed the basics on intellectual property and what constitutes patent infringement.
New York Metro Super Lawyers has named 21 Tarter Krinsky & Drogin lawyers in 10 practices to its 2016 list.
Amy Goldsmith and Rachel Lin were quoted in “Brexit’s Impact on Intellectual Property Rights” published by Inside Counsel.
Laurie Stanziale and Amy Goldsmith authored “Classic or chaotic, copyrighting architectural works is an art form” for Real Estate Weekly.
Amy Goldsmith was quoted in “Counterfeits, Knockoffs, Replicas: Parsing the Legal Implications” for Women’s Wear Daily.
Amy Goldsmith appeared on Fox 5 News to discuss the increasing trend of brands and celebrities looking to claim ownership of hashtags with words or phrases (eg., # DO YOU SPEAK BALMAIN; #HOWDOYOUKFC).
An interesting decision was recently issued by the Trademark Trial and Appeal Board rejecting a trademark application for pizza in connection with a single location restaurant.
Amy Goldsmith was quoted in the Law360 article "5 Ways Retailers Can Avoid A Data Breach This Holiday Season."
Amy Goldsmith wrote "7 Ways to Protect Your Brand From Online Trademark Infringement," an article published by Corporate Counsel.
The 2015 New York Super Lawyers recognized 22 of Tarter Krinsky & Drogin’s attorneys.
Amy Goldsmith, Co-chair of the Intellectual Property Practice, was featured in the American Bar Association’s book "Marketing Success: How Did She Do That?"
Following her May 12, 2015 presentation on rights of publicity, Amy Goldsmith, Co-chair of the Intellectual Property Practice, posted a blog entry on Lawline Today.
The firm represented The Reader’s Guild LLC in securing a long-term, exclusive licensing agreement with Reader’s Digest.
On December 12, Intellectual Property co-chair Amy Goldsmith and Litigation counsel Joel Rosner will present a Lawline CLE webcast, “Knockoffs and Takedowns: Protecting IP Rights on Social Media.”
During this program, Amy and Joel will explore how to determine what IP rights exist with respect to an infringed product, how to remove knockoff products from social media platforms and how to take other legal measures to stop the infringement.
On December 10, Intellectual Property co-chair Amy Goldsmith will present the CLE program, “Legally LinkedIn (And Other Social Media, Too!).” During the program, which is part of Tarter Krinsky & Drogin’s CLE series, Amy and co-presenter, Carol Schiro Greenwald from CSG MarketingPartners, will explore the various legal issues that may arise from gathering information using social media and attorney advertising.
On November 19, Bankruptcy and Corporate Restructuring partner Rocco Cavaliere and Intellectual Property co-chair Amy Goldsmith will present a CLE webcast for Lawline, an online CLE provider, “SCOTUS Review: Mission Product Holdings v. Tempnology,” where they will explain what can happen to intellectual property assets in a Chapter 11 bankruptcy proceeding. Rocco and Amy will also discuss patents, copyrights and trademarks in context of the Bankruptcy Code; review cases involving patents and copyright in bankruptcy; identify best practices for IP licensors and licensees and break down the Supreme Court’s long-awaited and important decision in Mission Product Holdings, Inc. v. Tempnology, LLC.
On October 29, Tarter Krinsky & Drogin will host the New York Women’s Bar Association (NYWBA) panel, “The Sexist Inside You: How We All Internalize Gender Bias.” The panel will explore recognizing inherent biases, how these biases may appear, how they affect the legal practice and actions that can be taken.
On October 22, Intellectual Property co-chair Amy Goldsmith will present a CLE webcast for Lawline, “Intellectual Property Protection in China: Practical Realities.” During the program, Amy will discuss intellectual property protection and enforcement in China, as well as the reasons for the current intellectual property controversy. Topics to be covered include China’s membership in intellectual property treaties and conventions, how and when to file for patent, trademark and copyright protection, recordation with the Chinese Customs authorities enforcement mechanisms in China, including administrative and court proceedings and best practices regarding tech transfer.
On August 6, Amy Goldsmith and Rachel Lin will speak to lawyers at Burke, Warren, MacKay & Serritella on Tarter Krinsky & Drogin’s Intellectual Property practice during a monthly lunch and learn series. Our full-service IP group offers protection for the global interests of companies in a variety of industries, including tech, life sciences, luxury goods and consumer products. Burke Warren is the Chicago member of Lawyers Associated Worldwide (LAW), a global association of independent law firms located in more than 50 countries with more than 4000 lawyers internationally.
On July 18, Intellectual Property co-chair Amy Goldsmith and Litigation Partner and co-chair of Securities and Financial Services Litigation Group Rich Schoenstein will present a National Law Institute CLE program, which will be hosted at Tarter Krinsky & Drogin’s office at 1350 Broadway in New York City.
On July 9, Intellectual Property co-chair Amy Goldsmith will present a CLE webcast for Lawline, where she regularly contributes articles, hosts CLE programs and participates in speaking engagements. During this program, “Website Terms and Conditions: One Size Does Not Fit All Territories,” Amy will deconstruct typical web site terms and conditions, explain why separate policies are needed in different territories and the responsibilities of the web site owner in each territory.
On June 12 and 13, Intellectual Property co-chair Amy Goldsmith will speak to Vistage CEO groups on “Preserving Trade Secrets and Confidential Info: What a C-Suite Executive Needs to Know.” During the events, Amy will discuss how to create a program to protect confidentiality and trade secrets, including instruction for employees regarding their obligations, implementing best practices and the downsides of social media. Amy will also review privacy obligations under New York’s current law and new proposals, the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act.
Tarter Krinsky & Drogin is pleased to announce the launch of its CLE program series, open to attorneys, clients and others interested in the topics. The programs, which each cover various areas of the law, reflecting the full-service nature of the firm’s practice, will be held at TKD’s office at 1350 Broadway. Advance registration is required.
On June 6, Intellectual Property co-chair Amy Goldsmith will present a CLE program to the American Council of Engineering Companies of New York. During the program, Amy will discuss privacy obligations under the laws of New York, California and Europe, how to create a plan to protect confidentiality and trade secrets, implement best practices and the perils of social media.
Intellectual Property co-chair Amy Goldsmith will speak at Blue Print Surface Design & Print Show on May 21. Amy, along with a panel of distinguished artists and agents, will answer questions regarding the protectability of original works of art and fashion and the copyright registration process. In addition, Amy will provide best practices on protecting your work from being copied on the internet, social media and beyond.
On May 16, Intellectual Property co-chair Amy Goldsmith will present at the Legal Marketing Association’s New York Local Group lunch program, “Strategic Networking v. Random Acts of Lunch.” Amy, a frequent speaker and author, will share her personal approach to strategic networking.
Intellectual Property co-chair Amy Goldsmith will speak to a Vistage CEO group in Tarrytown, NY on April 10 about protecting a company’s trade secrets and confidential information. Amy will also cover social media do’s and don’ts.
On February 20, Intellectual Property co-chair Amy Goldsmith will present a webinar for the New York Staffing Association on "Effective Privacy Strategies for Staffing Companies.” In this webinar, Amy will cover the key provisions of the GDPR and the privacy laws of New York, California and Illinois. Amy will also review the key actions that businesses are taking to comply with these laws, and whether existing commercial general liability policies cover privacy and cybersecurity risks.
On February 14, Amy Goldsmith and Laurie Stanziale will present a CLE program for the National Law Institute that will be held at Tarter Krinsky & Drogin’s office titled, “Whose Line, Drawing and Plan
On January 31, Intellectual Property co-chair Amy Goldsmith and Construction partner Laurie Stanziale will co-present a breakfast CLE program for the National Law Institute that will be held at Tarter Krinsky & Drogin’s office titled, "Whose Line, Drawing and Plan is it Anyway? The Intellectual Property Rights of Owners and Architects in Connection with an Architect’s Design.” During the two-hour program, which will offer 2.0 credits in the Professional Practice category, Amy and Laurie will explore the intersection between copyrights in architectural drawings and ownership of those copyrights.
On January 17, Intellectual Property co-chair Amy Goldsmith and counsel Janet Linn will be featured panelists at the New York State Bar Association’s Food, Drug & Cosmetic Law Section Annual Meeting. Amy will discuss GDPR and how these new privacy regulations impact U.S. businesses. She will also provide an overview on how the regulations affect what businesses are permitted to do with individuals’ personal data. During a separate panel, Janet will speak on Helsinn v. Teva, the pending U.S. Supreme Court case concerning when secret sales and offers for sale will be considered prior art, and how that affects the drafting and publicizing of agreements between pharmaceutical companies and third parties.
On January 3, Intellectual Property co-chair Amy Goldsmith will teach a Strafford CLE webinar, “Structuring Product Placement Deals: Mitigating Risks to the Brand, Regulatory Compliance.” This program, which will provide guidance to in-house counsel on negotiating product placement deals, will examine the risks involved with product placement that could potentially damage a brand. The panel will discuss the steps that can be taken during negotiations and after a product placement deal is done to mitigate those risks, including Amy’s portion on social media and compliance with the FTC Endorsement Guidelines.
Intellectual Property co-chair Amy Goldsmith will present two CLE webcasts for Lawline, where she regularly contributes articles, hosts highly rated CLE programs and participates in speaking engagements. On October 23, Amy will present, “Apple v. Samsung: A New Standard for Design Patent Cases,” where she will break down design patents and review the ones at the heart of the Apple v. Samsung dispute, as well as address the impact of the dispute on future design patent infringement cases. Amy’s October 25 webcast, “Demystifying Music Copyrights,” will dissect the Music Modernization Act of 2018 and the CLASSICS Act, identify how different courts analyze music infringement and discuss the many types of music copyrights and the relationships between the various parties involved in the music industry.
Intellectual Property practice co-chair Amy Goldsmith and Intellectual Property practice partner Alan Tenenbaum will present “Anatomy of Discovery in Patent Litigation” for Lawline. The webinar will address the anatomy of discovery in enforcement and defense of claims involving design and utility patents.
On October 26, Intellectual Property co-chair Amy Goldsmith and partner Alan Tenenbaum will present the CLE webinar, “The Anatomy of a Patent Litigation: From Start to Finish” for Lawline.
Intellectual Property co-chair Amy Goldsmith will present a CLE webinar program for Lawline on October 23 titled, “No Good Idea Goes Unpunished: IP Protection in the World of Retail Update.”
Intellectual Property co-chair Amy Goldsmith and Construction partner Laurie Stanziale will present, “Architectural Works: Whose Line, Drawing or Plan is it Anyway?" for the National Law Institute (NLI).
On June 20, Intellectual Property chair Amy Goldsmith and Construction partner Laurie Stanziale will present a CLE program, “Architectural Works: Whose Line, Drawing or Plan is it Anyway?" for the National Law Institute (NLI). The program will explore the law of copyrights as it applies to an architect’s work product as well as owner-architect agreements and instruments of service for the parties to set forth their respective rights and obligations to one another. The program is based on a two-part article that Amy and Laurie wrote for Law360 on the same topic.
On May 18, Intellectual Property co-chair Amy Goldsmith presented a Lawline CLE program titled, “Marketing Through Celebrities Update: Publicity Rights, Product Placement and Endorsement.” She discussed how, for decades, the names, likenesses, images and voices of celebrities have been used for marketing purposes.
On March 16, Intellectual Property co-chair Amy Goldsmith will co-present a CLE program titled, “The Discovery Dialog System: Effective Communications with Prospects and Clients” for the Solo and Small Firm Committee of the New York Women’s Bar Association.
Amy Goldsmith will speak at Time & Space’s “Beg, Borrow & Steal” program. The program will explore intellectual property issues as they relate to artists and creative thinkers.
On December 15, Amy Goldsmith and Brittany Lazzaro will be featured speakers at a New York State Bar Association event titled, “Consider Networking a Strategy, Not a Tactic.”
Amy Goldsmith will present the Lawline Webinar “Website Terms and Conditions: One Size Does Not Fit All Territories.”
Amy Goldsmith, Philip Braginsky and Aasheesh Shravah will present the Lawline Webinar “To Be or Not To Be: That is the Abstract Question, Naturally.”
Amy Goldsmith will speak at the American Bar Association workshop "Don't Be Afraid to Persuade: Using Persuasion to Win."
Amy Goldsmith will facilitate the American Bar Association Women Rainmakers program "How to Ask for New Business and Seal the Deal."
Amy Goldsmith and Philip Braginsky, Co-Chairs of the Intellectual Property Practice, presented the Lawline webinar “Patent Design Strategy and the new Hague Agreement for Designs.”
Amy Goldsmith and Philip Braginsky, Co-Chairs of the Intellectual Property Practice, presented the Lawline webinar “3D Printing: The Newest Dimension in IP Protection.”
Amy Goldsmith presents "No Good Idea Goes Unpunished: IP Protection in the World of Retail" for Lawline. This seminar provides an overview of the strategies for protecting your intellectual property in the retail industry.
Amy Goldsmith presents "Marketing through Celebrities - Publicity Rights, Product Placement and Endorsement" for Lawline. This program provides a substantial understanding of publicity rights and reviews various applicable cases from the inception of the doctrine, and covers contractual protection for publicity rights, including endorsement contracts, product placement and licensing.
Amy Goldsmith was a presenter for the "Reality Television: Copyright Issues and Participant Contracts" webinar.
Amy B. Goldsmith will be speaking at the Law of Luxury Goods Series on July 22 in London. Her presentation is titled “How to Market through Celebrities & Music Bands – Publicity Rights, Product Placement & Endorsement Deals.”
Tarter Krinsky & Drogin partnered with Università Bocconi to host a full-day program as part of its In-Company Training Program. The presentation, titled “Setting up Shop: Key Legal Issues for the Retail Industry” focused on the key legal challenges for retail clients entering the U.S. market.
On October 27 Tarter Krinsky & Drogin partnered with Lawline to host “Business in a Box” – a one-day series of CLE presentations designed to address the top legal issues facing emerging companies in growing and protecting their businesses.
Amy B. Goldsmith will be speaking on gene patenting on June 28. The seminar entitled “Yours, Mine, and Ours: The U.S. Supreme Court Decision on Genetic Patents” will be held over a live webcast on Lawline.com.
Amy B. Goldsmith spoke at the inaugural TEDx Times Square conference on the subject of “Openness: Do We Still Own the Rights to Our Ideas, Bodies and Products?” Her presentation addressed ownership of one’s own tissues and genes, as well as fashion and business concepts.
Amy Goldsmith will present “Yours, Mine and Ours (not yet!): An Update on the Patentability of Human Genes” on Lawline.com. In this the latest part of her Genetic Patent Series, she explores, the burgeoning issue of patent protection eligibility for genetic processes.
Amy Goldsmith and Giuliano Iannaccone will speak at "Fashion Law: the IP and Distribution Issues Facing the Industry Today" on February 15, 2013. This conference is co-sponsored by the International Association of Lawyers and the International Association of Young Lawyers.
In 2019, New York's state legislature did not pass the NYPA: the New York Privacy Act. For the moment, there is no state law governing privacy, although the NYPA may be part of the 2020 legislative agenda. However, the SHIELD Act (Stop Hacks and Improve Electronic Data Security Act) was signed into law by the Governor.
SHIELD modified New York's data breach notification law and the state technology law (N.Y. General Business Law (GBL) §899-aa and N.Y. State Technology Law (STT) §208). The STT governs the obligations of state agencies if there is a data breach; the GBL relates to everyone else. SHIELD also imposes new data security obligations. SHIELD is effective as of March 21, 2020.
On January 1, 2020, the most restrictive data privacy act in the United States, the California Consumer Privacy Act (CCPA), went into effect.
This law is not limited only to businesses that are established or have locations in California. To the contrary, the CCPA applies to any for-profit business “doing any business in California” which collects personal information from California residents and satisfies just one of these criteria: (a) has a gross revenue of greater than $25 million dollars, (b) annually buys, receives, sells or shares personal information of more than 50,000 consumers, households or devices for commercial purposes or (c) derives more than 50% of its annual revenues from selling consumers’ personal information.
Canada and Brazil have signed on to the Madrid Protocol, which established "one-stop shopping" for filing an international trademark application. The Protocol came into effect in Canada on June 17, 2019 and will come into effect in Brazil on October 2, 2019, bringing the total of Protocol nations to 121.
The road to permitting the registration of George Carlin's seven dirty words began in 2017, with the Supreme Court holding unconstitutional the Trademark Act's prohibition against registration of trademarks which are disparaging. That decision permitted the registration of the mark "THE SLANTS" for entertainment in the nature of live performances by a musical band.
As we head into summer, we would like to share with you some of our most popular legal alerts from the first half of 2019.
Our top-read alerts range from construction, labor and employment, tax, corporate and securities, immigration, cooperatives and condominiums, commercial leasing, real estate, litigation and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been valuable to you and your colleagues, and demonstrate our commitment to providing helpful information to you.
On May 20, 2019, the U.S. Supreme Court issued a long-awaited and important decision in Mission Product Holdings, Inc. v. Tempnology, LLC, 587 U.S. __ (2019) (the Supreme Court decision), resolving a split amongst various Circuit courts concerning the impact of rejection of trademark licenses by debtor-licensors in a bankruptcy case.
The news cycle is filled with the raucous activity of the UK Parliament with regard to Brexit, the "exit" of the UK from the European Union. On March 29, even Theresa May's offer to resign did not persuade Parliament to approve of the Withdrawal Agreement. As of yesterday, Brexit Day has moved to October 31, 2019, but the EU's extension obligates the UK to vote in parliamentary elections in May (or Brexit Day will be June 1). The EU will convene a summit in June to review the UK's progress towards Brexit.
Are you and your family first in line at your hometown stadium on Opening Day? Do you regularly visit museums and attractions? Have you seen your face on the big screen or posted your own pictures on social media? Most likely, your answer is “Of course!” But have you read the fine print that governs what the venue is permitted to do with your name, likeness, image, voice and uploaded photos? Visitors to the new Hudson Yards attraction in NYC, named the “Vessel,” which opened on March 15, were taken by surprise at the scope of the rights that they gave away by buying tickets and visiting the building.
Yesterday, the U.S. Supreme Court unanimously decided that
Intellectual Property co-chair Amy Goldsmith authored an article featured in Law360 titled, “Copyright Protection For Jewelry Seems Tangled.” In the article, Amy discusses registering copyrights for jewelry, which has become increasingly difficult based on recent trends in the U.S. Copyright Office.
As we start a new year, we would like to share with you some of our most popular legal alerts from 2018. Our top-read alerts range from construction, corporate and securities, labor and employment, tax and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been valuable to you and your colleagues, and demonstrate our commitment to providing helpful information to you.
Intellectual Property co-chair Amy Goldsmith authored a Lawline blog post, “
Intellectual Property co-chair Amy Goldsmith wrote an article that was featured in IP Watchdog on “Musically Inclined: The Music Modernization Act of 2018.” In the article, Amy explores the recent disputes between Flo & Eddie, the owner of pre-1972 musical recordings, and Sirius XM, which publicly performed those recordings, regarding whether common law or statutory copyrights existed and if so, what level of compensation was due.
On June 28, the California legislature passed the California Consumer Privacy Act, the toughest data privacy law in the country. The law, which will take effect in 2020, imposes new requirements on businesses in an approach similar to the recently passed European General Data Protection Regulation (GDPR). It aims to put ownership and control of personal information back in the hands of
In a closely watched case involving South Dakota’s 2016 law requiring the collection of state sales tax by out of state retailers who have no physical presence in the state, in a 5 to 4 decision, the Supreme Court yesterday decided to overturn two of its older decisions prohibiting the practice in South Dakota v. Wayfair, Inc. No. 17-494. Many states have been waiting for this decision and are likely to pass their own remote taxation laws, and online sellers will then need to collect and remit tax to each such state.
The European Union has enacted a new General Data Protection Regulation (GDPR) that will take effect on May 25,
Intellectual Property co-chair Amy Goldsmith wrote “IPoems: Lessons from the World of Intellectual Property” for Inside, a publication of the corporate counsel section of the New York State Bar Association.
For close to 30 years, patent owners have been able to strategically select the best location for a patent litigation, assuming that the defendant sold the contested product in that location. Popular courts include the Eastern District of Texas and the Eastern District of Virginia. But not anymore... Last week, in a unanimous decision, the U.S. Supreme Court narrowed the possible venues for bringing patent infringement suits, holding that a defendant can be sued only as a "resident" of its state of incorporation, not in any state where it sells products. TC Heartland LLC v. Kraft Foods.
The Digital Millennium Copyright Act (DMCA) established a safe harbor for online service providers (OSPs) which benefits any website that contains content from third parties.
An increasing number of our clients have received letters from companies that appear to be government agencies with names such as "U.S. Trademark Registry," "U.S. Trademark Registration Office" and "Registration & Monitoring Division."
Intellectual Property partner Amy Goldsmith and Construction partner Laurie Stanziale wrote, “Whose Line, Drawing Or Plan Is It Anyway?" which was part 2 of a two-part article for Law360. The article addresses owner-architect agreements and instruments of service for the parties to set forth rights and obligations.
Intellectual Property partner Amy Goldsmith and Construction partner Laurie Stanziale wrote “Whose Line, Drawing Or Plan Is It Anyway?”, which is part 1 of a two-part article, for Law360.
On June 23rd, the UK voted to leave the European Union (Brexit).
An interesting decision was recently issued by the Trademark Trial and Appeal Board rejecting a trademark application for pizza in connection with a single location restaurant.
Design patents continue to grow in importance for many industries. If your company designs tangible products or packages, there is a new, efficient way to seek international protection for design features.
With the goal of fostering public commentary, the new domain name .SUCKS was approved by ICANN. Despite objections from some in the IP community, the sunrise period for .SUCKS is now open; it runs until May 29th.
The patent landscape has changed regarding business method patents.
In the summer of 2014, the Supreme Court issued a decision in Alice Corp. v. CLS Bank which invalidated certain business method patents related to finance. The basis for the invalidation was that the patents covered an abstract idea not eligible for patent protection.
Many agreements include an indemnification clause typically using language like this: “Party A will defend, indemnify and hold harmless all claims, losses and damages against Party B related to its use of the Technology.”
In Non-Disclosure Agreements, there is often boilerplate language that includes trade secrets in the definition of “Confidential Information.” This seemingly innocuous language can lead to problems for the owner of the trade secrets.
Be wary of giving up your rights for "lost profits." In most jurisdictions, there are two types of "lost profits": (1) those arising from general damages (recovery of money that a party agreed to pay under a contract); and (2) those arising from consequential damages (recovery of money lost based on other business arrangements). The first is generally easier to prove, but often a party in breach can be reasonably expected to pay the second.
Clearly define the grant provisions of all of your IP contracts. If you want to transfer or receive "intellectual property" or "technology," ensure that these terms are well defined and unambiguous. Definitions matter! By making the contract terms clear, you can potentially reduce (or eliminate entirely) future litigation costs.
Amy is a frequent lecturer on intellectual property topics for Lawline. Her recent presentations include:
Amy also spoke about the Legal Limits of Openness at the inaugural TedxTimesSquare event on April 10, 2013.