In the United States, name, image, and likeness (“NIL”) are the three elements that make up a legal concept known as the right of publicity. The right of publicity is an intellectual property right that protects against the misappropriation of a person’s name, likeness, or other forms of personal identity—such as nickname, pseudonym, voice, signature,
R. Devin Ricci
Preparing for the squall of post-COVID bankruptcies: Intellectual Property rights in Chapter 11
Intellectual property comprises some of the most valuable assets a business may hold – its brands, patents, know-how, and other intangible rights that make the business unique. The intellectual property assets (IP) throughout the energy sector—upstream, midstream, downstream and service providers along the way—will be affected as more energy companies seek bankruptcy relief in the…
Trade Secrets and Teleworking: How to Protect Your Rights in an Evolving Crisis
Companies that rely upon trade secret information must remain diligent with their rights at all time – one inadvertent disclosure could, in theory, kill trade secret protection. As such, companies will need to adapt and revamp their security measures to account for the mass adoption of teleworking in response to the COVID-19 pandemic. The Uniform…
USPTO Extends Certain Patent and Trademark Deadlines Under CARES Act
In addition to providing financial support to individuals and small business, the much discussed CARES Act also authorized government agencies like the US Patent and Trademark Office (USPTO) to extend certain deadlines prescribed by statute. As of time of publication, the USPTO has granted a 30 day extension for (1) the specific filings set forth…
Recent United States Supreme Court Decision Tackles Question of What Happens When Bankruptcy Meets Intellectual Property
A recent United States Supreme Court decision handed down in May addressed what occurred when contract, bankruptcy, and intellectual property laws intersected.[1] In Mission Products Holdings, Inc. v. Tempnology, LLC nka Old Cold, LLC, the Supreme Court was presented with the question of whether a debtor’s rejection of an executory contract rescinded…
Net Neutrality Repealed: What it Means for Business
As of December 14, 2017, the Federal Communications Commission (“FCC”) repealed the so-called net neutrality regulations in a 3 to 2 vote along party lines. But what does this mean and how may this decision affect you or your business?
To be honest, it is too early to tell if derailing the short-lived regulation of…
Patented Invention Spotlight – Aqua Dam by Layfield Group
The City of Baton Rouge and the surrounding areas have been struck by devastating floods. Thousands were stranded. The roadways to their homes are flooded and most impassable. Flooding is not new to Louisiana. Just over ten years ago, the state experienced one of the most devastating natural disasters on record with Hurricane Katrina. Since…
Website Accessibility and ADA Litigation
Think Americans with Disabilities Act (“ADA”) access litigation is limited to sidewalks, restrooms and physical barriers to the disabled in “brick and mortar” establishments? Think again.
A growing number of lawsuits are being filed against businesses under Title III of the ADA alleging that that the business’s website does not provide adequate accessibility to the…
What to Expect When You’re Expecting a Patent
The general outlay of this guide is to present some of the who, what, where, when, and why of the patent system in order to be able to explain the all-important how to obtain a patent. This guide aims to acquaint the reader with various aspects of the patent process, laying a proper foundation that…
Definitely Indefinite? Supreme Court Issues Decision in Nautilus v. Biosig Instruments
One of the lesser-known requirements for a patent is that it must claim a “definite” invention. The issue of definiteness lies primarily with the patent draftsperson, often a patent attorney or agent that is hired to expand the scope of an invention as broadly as possible without crossing the line into indefiniteness. Nevertheless, as patent…