New York Law Journal "Fair Use or Foul? Second Circuit Examines Play's Use of 'Who'
The purpose of copyright law, according to the U.S. Constitution, is to "promote the Progress of Science and useful Arts," by granting...
New York Law Journal "Are Benefit Plans Members of a Settlement Class" Thomas E.L. Dewey
A critical term in any class action settlement agreement is the definition of the settlement class. This term typically lists the persons...
New York Law Journal "SDNY Reaffirms ' Volitional Conduct' Element of Infringement"
One of the major challenges facing any practicing intellectual property lawyer is advising clients on whether a given course of conduct...
DPK Prevails in Fourth Circuit Appeal for BlackRock
In August, the U.S. Court of Appeals for the Fourth Circuit ruled for DPK client BlackRock in a dispute concerning rights in a securities...
New York Law Journal "Considering Parties' Conduct in Enforcing Settlement Agreements"
In his Settlement and Compromise column, Thomas E.L. Dewey writes: The Second Department recently issued an interesting decision holding...
New York Law Journal "Court Examines Trademark Claims Against 'Compatible' Coffee Pods&
Brand protection is a tricky game. Companies often walk a fine line between maintaining a reputation for quality and angering consumers...
New York Law Journal "Legal Limits of Customer Service for Technology Providers" by Steve
In his Intellectual Property column, Steve discusses the 'TekVet' decision and writes: The instinct to "bend over backwards" to help the...
New York Law Journal "Impact of 'Campbell-Ewald': Unanswered Questions" by Thomas
In his Settlement and Compromise column, Thomas E.L. Dewey writes that the U.S. Supreme Court's decision in 'Campbell-Ewald Co. v. Gomez'...
New York Law Journal "Second Circuit Examines Evolving Infringement Standard" by Steve Kra
Tasked with formulating a legal definition of "hard-core pornography" in 1964, U.S. Supreme Court Justice Potter Stewart demurred with...
New York Law Journal "Does Settlement Offer to Named Plaintiff Moot Class Action" by Thoma
On Jan. 20, 2016, the U.S. Supreme Court handed down its decision in Campbell-Ewald Co. v. Gomez.1 The court effectively denied the...