Mobile Device and Applications Key Laws Chart
Authors: Charles R. Macedo; Richard Zemsky* A chart listing key statutes and regulations that apply to mobile devices and mobile applications (apps). It provides an overview of the circumstances that trigger application of each statute or regulation as well as key requirements and restrictions. This Chart provides a high-level overview of key statutes that mobile […]
ARE Law Alert: Bulk Data Rule Effective October 6, 2025: Are you Ready?
Under the Biden Administration, the so-called “Bulk Data Rule” was issued on February 28, 2024, as an Executive Order 14117, entitled “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern”. A final rule, 90 Fed. Reg. 1646 (Jan. 8, 2025) (codified at 28 C.F.R. pt. 202), under […]
ARE Law Alert: Supreme Court Calrifies the Scope of “Defendant’s Profits” in Dewberry Grp., Inc. v. Dewberry Eng’rs Inc.
ARE Law Alert: Supreme Court Clarifies the Scope of “Defendant’s Profits” in Dewberry Grp., Inc. v. Dewberry Eng’rs Inc. Author(s): Anthony F. Lo Cicero, Charles R. Macedo, Douglas A. Miro, Chloe A. Vizzone*On February 26, 2025, the Supreme Court issued its ruling in Dewberry Grp., Inc. v. Dewberry Eng’rs Inc., No. 23-900, 604 U.S. ___, […]
ARE Trademark Law Alert: Supreme Court Confirms Constitutionality of Lanham Act Prohibition on Registration of Trademarks That Comprise the Names Living People Without Their Consent in Vidal v. Elster
On June 13, 2024, in Vidal v. Elster, No. 22-704, the United States Supreme Court unanimously upheld the constitutionality of a provision of the Lanham Act prohibiting the US Patent & Trademark Office (“USPTO”) from registering trademarks that name living people without their consent. Background The case grew out of the USPTO’s refusal to grant […]
ARE Copyright Law Alert: Supreme Court Issues Ruling on Recovery of Damages Beyond the Copyright Act’s Three-Year Statute of Limitations
On May 9, 2024, the U.S. Supreme Court issued its ruling in Warner Chappell Music, Inc. v. Sherman Nealy, No. 22-1078, 601 U. S. ____ (2024), addressing whether, under the discovery rule of accrual, a copyright owner claiming infringement “‘can recover damages for acts that allegedly occurred more than three years before the filing of […]
ARE Design Patent Alert: En Banc Decision in LXQ Corp. v. GM Global Tech. Brings The Law of Obviousness for Design Patent in Accord with KSR
On May 21, 2024, the full court of U.S. Court of Appeals for the Federal Circuit in LKQ Corp. v. GM Global Tech., 21-2348 (Fed. Cir. 2023) revitalized the law of obviousness for design patents by overruling four decades of precedent based on a rigid and inflexible Rosen-Durling test, to bring the law of obviousness […]
ARE Trademark Law Alert: Supreme Court Announces Two-Part Test in its Abitron v. Hetronic Decision on Extraterritorial Reach of the Lanham Act
On June 29, 2023, the U.S. Supreme Court issued its ruling in Abitron Austria GmbH v. Hetronic International, Inc., No. 21-1023, 600 U.S. ___ (2023), addressing the Lanham Act’s extraterritorial reach. The Supreme Court held that trademark infringement cases “only extend to claims where the claimed infringing use in commerce is domestic.” Id. at 1. […]
ARE Design Patent Alert: The Full Federal Circuit is Considering Obviousness of Design Patents
On June 30, 2023, the U.S. Court of Appeals for the Federal Circuit agreed to take on the following question: Whether the current test for proving obviousness for a design patent has been overruled by US Supreme Court precedent. LKQ Corp. v. GM Global Tech., 21-2348 (Fed. Cir. 2023) In 1982, In re Rosen […]
ARE Trademark Law Alert: U.S. Supreme Court Overturns Ninth Circuit’s Decision and Rules that Likelihood of Confusion Test Must Be Applied to Dog Toy Parody in Jack Daniel’s Case
On June 8, 2023, the U.S. Supreme Court issued its ruling in Jack Daniel’s Properties, Inc. v. VIP Products LLC, No. 22-148, 599 U.S. ___ (2023), unanimously vacating and remanding the Ninth Circuit Court of Appeal’s decision that VIP’s BAD SPANIELS dog toys neither infringe nor dilute Jack Daniel’s trademark and trade dress rights in its […]
ARE Copyright Alert: U.S. Supreme Court Issues Ruling on the Application of the First Prong of Fair Use Defense
On May 18, the Supreme Court issued a ruling in Andy Warhol Foundation for Visual Arts, Inc v. Goldsmith, No. 21-869, 598 U.S. _____ (2023), clarifying the scope of the first prong of the “fair use” defense to copyright infringement. In an opinion by Justice Sotomayor, the Court, 7-2, affirmed the ruling of the Second […]