Amster Rothstein & Ebenstein and Max Vern Ranked in the WTR 1000: World Trademark Review’s Analysis of the Leading Firms in the United States in New York
Amster Rothstein & Ebenstein was ranked for the first time in the WTR 1000: World Trademark Review’s analysis of the leading firms in the United States in the New York category. The WTR noted that the firm is a “a worthy addition to the WTR 1000’s New York firm listings this year” and is “a […]
ARE Announcement: NYIPLA Names Partners Anthony LoCicero and Charley Macedo and Associate David Goldberg to Continue in Their Leadership Roles for 2020-2021
At its Annual Meeting on May 12, 2020, the New York Intellectual Property Law Association (“NYIPLA”) asked three Amster, Rothstein & Ebenstein attorneys to continue their leadership roles for the next year. Managing Partner Anthony F. Lo Cicero will continue to Co-Chair the Legislative Action Committee, which develops and coordinates the Association’s response to proposed […]
ARE Amazon Marketplace Law Alert: Virginia Court Finds Amazon Terms Do Not Compel Arbitration In Counterfeit Goods Lawsuit
On Thursday, April 9, 2020, the United States District Court for the Eastern District of Virginia decided in Maglula, Ltd. v. Amazon.Com, Inc. et al. that the arbitration clauses in the plaintiff’s two agreements with Amazon did not apply to plaintiff’s infringement and counterfeiting claims. Background On December 12, 2019, Plaintiff Maglula, Ltd. […]
In the Press: Benjamin Halpern Featured in the PCT Network’s Emerging IP Trends to Know In 2020 – What 14 Top Experts Say
The PCT Network turned to partner Benjamin Halpern for his insight as a “top expert” as to emerging IP trends in 2020. He noted that 2020 is going to bring upon the emergence of globalization in IP. Ben said one example of this is the new work-sharing arrangement between the United States Patent and Trademark Office […]
ARE Copyright Alert: New York Court Finds No Copyright Infringement Or False Endorsement From A Publicly Displayed Mural As Background In The Opening Scene Of A Film
A federal district court in the Eastern District of New York (Brooklyn) granted a Motion to Dismiss a copyright infringement claim and a false endorsement claim by a mural artist and the mural’s subject regarding a movie which included the mural in a three-and-a-half second shot in the opening scene. The Court held the use […]
ARE Event Spotlight: Mark Berkowitz to Speak at the 7th Annual Amazon Summit Conference on Sourcing Secrets
Partner Mark Berkowitz will be a panelist at the 7th Annual Amazon Summit Conference and Expo on February 11. Mark will discuss legal issues relating to sourcing products for sale on Amazon. Mark is well-versed in the intellectual property concerns that arise for sellers in the Amazon Marketplace, including counterfeits, photographs and descriptions copied from […]
IPWatchdogNYIPLA Urges Supreme Court Not to Award USPTO Staff Attorney Salaries as ‘Expenses’ in Patent Appeals to ED of Virginia
On June 25, 2019, the New York Intellectual Property Association (NYIPLA) filed an Amicus Brief in support of the Respondent in Peter v. NantKwest, Inc., No. 18-801, pending before the Supreme Court. NantKwest raises the issue of whether patent applicants who are dissatisfied with U.S. Patent and Trademark Office (USPTO) decisions and subsequently appeal to […]
ARE PTO & PTAB Alert:PTO Updates Guidelines Concerning Examining Computer-Implemented Functional Claim Limitations
(February 15, 2019) On January 7, 2019, the USPTO issued its latest guidance on Computer Implemented Functional Claim Limitations. 2019 Examining Computer-Implemented Functional Claim Limitations for Compliance With 35 U.S.C. § 112, USPTO, 84 Fed. Reg. 57 (Jan. 7, 2019), available at, https://www.govinfo.gov/content/pkg/FR-2019-01-07/pdf/2018-28283.pdf (“the 2019 Guidelines”). The 2019 Guidelines, which do not fundamentally change the […]
Practical LawIP Rights Clauses in Robotic Process Automation (RPA) Agreements
IP Rights Clauses in Robotic Process Automation (RPA) Agreements
US Supreme Court upholds constitutionality of inter partes review
– Journal of Intellectual Property Law & Practice, jpy129, https://doi.org/10.1093/jiplp/jpy129 Abstract Oil States Energy Services, LLC v Greene’s Energy Group, LLC, 138 S Ct 1365 (US 2018), 24 April 2018 In Oil States Energy Services, LLC v Greene’s Energy Group, LLC, the US Supreme Court addressed a constitutional challenge to inter partes review, the process […]