Legal Insights

Thought leaders from around the world contribute their perspectives on landmark cases, new legislation, and legal perspectives on new technologies, business practices, and civil procedure.

Featured Articles

Registering Advertising Slogans as Trademarks in the United States and Europe

Christian Lemke

Brand owners seeking to obtain exclusive rights in their advertising slogans for campaigns encompassing the United States and Europe should bear in mind certain well-established principles.

Registering Advertising Slogans as Trademarks in the United States and Europe

Christian Lemke

Brand owners seeking to obtain exclusive rights in their advertising slogans for campaigns encompassing the United States and Europe should bear in mind certain well-established principles.

Registering Advertising Slogans as Trademarks in the United States and Europe

Christian Lemke

Brand owners seeking to obtain exclusive rights in their advertising slogans for campaigns encompassing the United States and Europe should bear in mind certain well-established principles.

Victory for The Slants and Redskins

Carol Steinour Young and Emily Hart

On June 19, 2017, the United States Supreme Court settled the issue of whether an offensive name—in this case, an Asian-American rock band called “The Slants”—can properly be registered as a trademark.

The Christian Faith Fellowship Church and Adidas AG

Roberta Jacobs-Meadway

What is "use" in commerce?

Five Tips for Cloud Computing Businesses

Frederic M. Wilf

Cloud computing continues to be a powerful and cost-effective means to build a business with international reach.

Stopping Infringement before It Happens

Jennifer Ko Craft

IPR protection strategies that work.

What is in a Name?

Matthew McLaughlin

Trademark clearance for craft breweries.

Is That Famous Song Protected by Copyright? Maybe Not – and the Change Means Refunds for Some

Michael B. Fein

In the past few years, copyrights on some famous songs have been deemed invalid, which means that licensees who were charged royalty payments may be able to get their money refunded.

Scary New World: Social Media Criticism

Michael A. Kahn

The unrealistic expectation to “govern yourself accordingly” in the new digital age of snap judgements.

Q&A with Eduardo Kleinberg of Basham Ringe y Correa

Best Lawyers

"Law Firm of the Year" interview with Eduardo Kleinberg of Basham Ringe y Correa.

New European Unitary Patent Is Not-So-Wonderful

Michael B. Fein

If the European Parliament and the 25 participating states were trying to emulate a U.S. patent and replace the present Balkanized system wherein each state has its own patent granting authority and courts handling patent litigation, it has failed miserably.

Women of Influence Award Winner: Naomi Waltman

Best Lawyers

New Rules for Patent Venue

Michael B. Fein

Where can you be sued for patent infringement?

Graceful Exits

Rachel Blue

The Defend Trade Secrets Act of 2016 (DTSA) has been touted as a game changer.

Civil Rights Work Has an All New Meaning

Thomas R. Julin

Corporations now use federal law to fight regulation.

Women of Influence Award Winner: E. Lynn Grayson

Best Lawyers

Patent Battles at the PTO

S. Benjamin Pleune

Inter partes review (IPR) has become the procedure of choice to resolve the validity of patents, with or without a co-pending litigation.

The Joint Employer Threat to the Franchise Distribution Model

Barry M. Heller

That result would strike at the core of franchising and would risk the loss of all of the benefits that franchising has provided to franchisees, employees, and society in general.