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Member Articles


California Supreme Court Waters Down—But Does Not Extinguish—Harsh Arbitration Fee Law

California Code of Civil Procedure section 1281.98 establishes that employers who draft and maintain arbitration agreements are responsible for paying fees and costs to an arbitrator, and must do so “within 30 days aft ...

Yes, Virtual Goods Are Still Goods for Trademark Purposes

On July 23, 2025, in a significant update for the evolving intersection of intellectual property and blockchain technology, the United States Court of Appeals for the Ninth Circuit issued a unanimous opinion affirming cr ...

Gone in (Far More Than) 60 Seconds: Ninth Circuit Holds That Ford Mustangs Known as “Eleanor” Are Not Entitled to Copyright Protection

Authors: Alex Anfuso & Eleanor M. Lackman In Carroll Shelby Licensing v. Halicki, No. 23-4008 (May 27, 2025), the Ninth Circuit recently weighed in again on the scope of copyright protection for characters, denying ...

The Copyright Office Report on AI and Fair Use: A Generative Controversy

Author: James D. Berkley Amidst a level of intrigue rare to the Library of Congress and U.S. Copyright Office, on Friday, May 9, the Copyright Office released a detailed 108-page report containing its most extended disc ...

Drawing the Line in Between Separate Corporations: Supreme Court Vacates a $43M Trademark Disgorgement Ruling

Author: Franklin F. Franco On February 26, 2025, the U.S. Supreme Court issued a unanimous decision in Dewberry Group Inc. v. Dewberry Engineers Inc. that reaffirms a key limitation in trademark remedies: courts cannot ...

U.S. Trademark Office Fees Increasing Significantly on January 18, 2025: What It Means for You

The new year is bringing with it some major fee increases from the U.S. Patent & Trademark Office (USPTO) for certain key aspects for trademark filings and other trademark prosecution. Nearly all go into effect on Ja ...

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