The Second Lives of Luxury Goods: Trademark Issues Involving Resale, Customization and Upcycling
Read on for a discussion of legal issues arising from the resale, customization, and upcycling of luxury goods.
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Mertzel Law PLLC
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Nancy Mertzel
Sep 302 min read
Don’t Play My Song: Legal Issues Regarding Music in Political Campaigns
Playing music during political campaign events creates atmosphere. However, recording artists frequently object to the use of their music.
Nancy Mertzel
Jun 284 min read
Trademarks and Free Speech - “Trump Too Small” Not Registrable
Earlier this month, the US Supreme Court delivered its ruling in the case of Vidal v. Elster. Learn about the impact of this decision
Nancy Mertzel
May 303 min read
Copyright Damages and the Discovery Rule: Warner Chappell v Nealy
The Supreme Court held that there is no time limit on the period for recovery of copyright damages in a timely filed copyright case.
Nancy Mertzel
Apr 304 min read
Fair Use and Generative AI
A refresher on fair use and key precedents likely to be influential in the pending cases.
Nancy Mertzel
Nov 29, 20233 min read
MetaBirkins, Trademarks & The First Amendment
How the modified Rogers test was recently applied by a district court in MetaBirkins.
Nancy Mertzel
Oct 26, 20233 min read
What Every Business Owner Should Know About Open Source Software
Read on for a discussion of how open-source software implicates copyright law and its consequences for business owners.
Nancy Mertzel
Jul 26, 20234 min read
Abitron v Hetronic: “Use in Commerce” Reigns Supreme
In June, the US Supreme Court delivered its ruling in the case of Abitron Austria GMBH v. Hetronic Int’l, Inc., which concerned whether a US
Nancy Mertzel
Nov 11, 20221 min read
Super Lawyer, Nancy Mertzel
Nancy has been selected once again for inclusion in Super Lawyers as a "top rated intellectual property litigation attorney in New York,...
Nancy Mertzel
Jun 29, 20222 min read
Supreme Court: When Is a Derivative Work a Transformative Fair Use?
Fair use is probably the most-mentioned, but least-understood, aspect of copyright. It's challenging to predict the outcome in fair use ...
Nancy Mertzel
Jan 24, 20221 min read
Nancy Mertzel nominated as the Co-Chair of the Litigation Section’s ABA
Nancy Mertzel was nominated as the Co-Chair of the Litigation Section’s Intellectual Property Law Committee of the American Bar Association.
Nancy Mertzel
Oct 27, 20212 min read
Options for Streamlining a TTAB Trademark Dispute with Alternative Case Resolution (ACR)
Not all trademark disputes take place in court. Learn about TTAB and tips for streamlining TTAB cases using Alternating Case Resolution.
Nancy Mertzel
May 26, 20215 min read
Fair Use Implications from the Supreme Court's
After more than a decade of litigation, the epic battle over the Java API has come to an end with an April 2021 ruling by the United States
Nancy Mertzel
May 14, 20201 min read
Strategies for Avoiding and Responding to Copyright Troll Litigation
The New York Law Journal published my article, Strategies for Avoiding and Responding to Copyright Troll Litigation. (This is an expanded...
Nancy Mertzel
Jan 30, 20202 min read
Copyright Troll Litigation: How to Avoid It and What to Do if You Get Sued
An important development in copyright litigation over the past few years is the dramatic increase in so-called “troll” cases. For...
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