Trends and transformations in copyright and trademark

What’s New

What’s New

The Legal Landscape of NFTs in the U.S.

Reading Time: 12 minutes

NFTs have attracted creators, investors and brands fueled by the outsized returns some have enjoyed. But NFTs are a trap for the unwary. Many buyers have no idea of the rights and restrictions associated with their NFTs; there is no federal regulation and much fraud. This post will guide those interested in NFTs through this…

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Has Artificial Intelligence Placed Trademarks On Life Support?

Reading Time: 5 minutes

Traditionally, trademarks were shortcuts, identifying and distinguished goods in the marketplace in response to a buyer’s needs and self-selected criteria. Trademarks have also protected against human frailty by alleviating confusion, imitation, disparagement and misrepresentation.

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Ten Win-Win License Negotiation Tips

Reading Time: 7 minutes

Negotiating a license agreement? There are primers telling you how to take advantage and one-up your license partner. Ignore them. Unless the agreement works for both sides, it won’t last.

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Is The End Of Embedding In Sight?

Reading Time: 9 minutes

Embedding flourishes on the internet. Social media like YouTube, networking sites such as Twitter, streaming music services, including Spotify and search engines like Google, encourage embedding and offer tools that facilitate this practice.

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Andrew Berger Quote

Andrew Berger Head Shot

Crafting creative solutions to complex problems.

-Andrew Berger

Past Speaking Engagements

November 2022

Andrew on November 2 gave the following talk to the Intellectual Property Committee of the Federal Bar Council: “Did The Warhol Foundation Make Fair Use of Goldsmith’s Photo of Prince? Issues Raised by the Supreme Court During Oral Argument and a Prediction on a Likely Outcome.”

October 2022

Andrew, the day following the Supreme Court oral argument in Warhol v. Goldsmith gave a talk to members of the Litigation Counsel of American at its fall meeting in San Diego entitled “The Future of Fair Use after the Supreme Court Argument Yesterday in the Warhol Case.”

February 2021

Andrew served as the co-chair of the  Planning Committee for the 2021 Midwinter Meeting of the Copyright Society of the USA. During the meeting he also moderated a panel discussion whose topic was: Unmasking the Mysteries of the Statute of Limitations and a Short Course on Navigating through a Daubert Challenge in Copyright. Edward Rosenthal, a partner at Frankfurt Kurnit Klein & Selz and David Wolfsohn, a partner at Duane Morris, discussed with Andrew the changes in the statute of limitations; and Krista Holt, a managing director at Econ One Research took us through Daubert issues in copyright cases.

December 2021

In December, Andrew, along with Edward Rosenthal and David Wolfsohn, for the Federal Bar Council, reprised the statute of limitations program they had done for the Copyright Society. Above is the program announcement.