Litigation

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

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,...

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 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.

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.

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

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...

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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