Published Articles
  1. Friends Don’t Let Friends Steal Your Intellectual Property — Brand Protection in Social Media

    Friends Don’t Let Friends Steal Your Intellectual Property — Brand Protection in Social Media

      Andrew will be a panelist in a program sponsored by the New York County Lawyers’ Association on brand protection. The program will be held on September 13 at the Association’s Auditorium at 14 Vesey Street, 2nd Floor in N.Y. Other panelists are Sarah Feingold, general counsel at Etsy, Inc. and James Grimmelman, Associate Professor at New York Law School and a member of its Institute for Information Law and Policy. Read more

  2. Part # 2: More On Protecting Your Brand Against New Forms of Online Infringement and Challenges

    Part # 2: More On Protecting Your Brand Against New Forms of Online Infringement and Challenges

      Here is the 2d part of my video interview with the Cornell eClips program on brand protection on the Internet. Part 1 of the interview is here. Q. What Are Some More Low-Cost Suggestions for Dealing with Online Infringement? A. You may want to pay the infringer to migrate elsewhere; a payment sounds counter-intuitive but the money you spend may be less than the cost of a lawsuit. Read more

  3. Hot Topics In IP Litigation Program Coming to D.C.

    Hot Topics In IP Litigation Program Coming to D.C.

      The IP Litigation Committee of the ABA Section of Litigation is sponsoring its first Hot Topics program to be held on Friday June 10 in DC. The program brochure is here. The program will cover the bases: copyrights, trademarks and patents. The copyright program will focus on the unresolved issues arising from the 4-4 split in Costco v. Read more

  4. American Conference Institute Advanced IP Forum and Workshop

    American Conference Institute Advanced IP Forum and Workshop

      The Advanced IP Forum for Advertising Counsel will take place in NY from April 27-29. The program offers an impressive list of speakers from the content and media industries. Andrew will moderate a panel at this Forum on April 28. The program brochure is here The April 28 panel will focus on combating IP infringement on the internet. Read more

  5. A Conversation with Lisa Martens About How Brand Owners Can Combat Counterfeiting

    A Conversation with Lisa Martens About How Brand Owners Can Combat Counterfeiting

    Counterfeits cost brand owners billions of dollars every year. How can brand owners combat this problem? What are the best strategies they can employ and will they work? I am delighted that Lisa Martens has given us some expert and helpful advice. Lisa is a Principal in the Southern California office of Fish & Richardson P.C. Her practice emphasizes trademark prosecution and litigation for the food service, health care, biotechnology, computer, Internet, and retail clothing industries.  Read more

  6. Express v. Forever 21: Ouch! Court Awards Defendants More than $700,000 in Attorneys Fees and Costs for a Successful Defense of Copyright and Trademark Infringement Claims

    Express v. Forever 21: Ouch! Court Awards Defendants More than $700,000 in Attorneys Fees and Costs for a Successful Defense of Copyright and Trademark Infringement Claims

      My earlier post on this case ended with the question whether the successful defendants would seek attorneys’ fees. The answer is a resounding yes. Judge Wright in the Central District of California awarded defendants collectively more than $700,000 in fees and costs, including fees incurred in preparing their fee applications. His decision offers guidelines for how defendants who prevail in defending copyright and trademark infringement claims may recover their attorneys’ fees from plaintiff. Read more

  7. Chloé v. Queen Bee, How Far Has the Second Circuit Extended the Long-Arm Statute to Reach Internet Infringers in Counterfeit Cases?

    Chloé v. Queen Bee, How Far Has the Second Circuit Extended the Long-Arm Statute to Reach Internet Infringers in Counterfeit Cases?


    The Second Circuit in Chloé v. Queen Bee expanded long-arm jurisdiction over Internet counterfeiters in trademark infringement cases. See my earlier post about Chloé here. But how far did the court stretch the long-arm statute?  As I explain below, Chloé creates puzzling questions that need clarification about the limits of personal jurisdiction in counterfeit cases. At a TeleConference on October 6 on Chloé that I moderated sponsored by Law Seminars International, our fine panelists, Joan Archer, Esq. Read more

  8. Chloé v. Queen Bee: its Impact on Trademark Infringement Actions Against Internet Counterfeiters:Teleconference

    Chloé v. Queen Bee: its Impact on Trademark Infringement Actions Against Internet Counterfeiters:Teleconference

    Andrew will moderate a one-hour teleconference sponsored by Law Seminars International next Wednesday October 6 at 1 pm NY time discussing the recent 2d Circuit case of Chloé v. Queen Bee and its impact on  trademark infringement actions against Internet counterfeiters. Here is the link to the program brochure. The panelists are Joan K. Archer, Esq. of Lathrop & Gage LLP in  Kansas City, Missouri  and Eric J. Read more

  9. Express v. Forever 21: How Much Creativity Does Copyright Require? “A Little Dab Will Do”

    Express v. Forever 21: How Much Creativity Does Copyright Require? “A Little Dab Will Do”

    How much creativity does copyright require? Thankfully for copyright creators, not much. A dash will do. But in the rare case when that dash is absent, the owner of the work cannot protect it. Express, LLC  v. Forever 21, Inc., recently decided in the Central District of California, is the latest example of copyright litigation that collapsed because the copyright owner could not show that its works contained even the spark of creativity. Read more

  10. Chloé v. Queen Bee of Beverly Hills: The Second Circuit Stretches New York’s Long-Arm Statute in Response to Counterfeit Infringement Over the Internet

    Chloé v. Queen Bee of Beverly Hills: The Second Circuit Stretches New York’s Long-Arm Statute in Response to Counterfeit Infringement Over the Internet

    Counterfeit infringement over the Internet continues to grow. With the web erasing marketing and distribution hurdles, it is easier than ever for Internet marketers in Bangladesh to sell counterfeit goods in Spokane. Owners seeking to compel counterfeiters to defend trademark infringement actions in the owner’s home court face jurisdictional due process issues. Often the counterfeiters only contacts with the local forum are a sale there that infringes plaintiff’s trademark plus sales of products bearing the marks of others. Read more

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