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 opaque landscape, outline recent litigations,offer some trademark guidance and raise enforcement concerns. …Continue reading The Legal Landscape of NFTs in the U.S.
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. …Continue reading Is The End Of Embedding In Sight?
Reading Time: 7 minutes Entrepreneurs have long dreamed of a digital resale market Imagine if music lovers could resell their unwanted digital music downloads with a click of a mouse or if college students…Continue reading After ReDigi, Will NFTs Enable A Digital Resale Market
Reading Time: 5 minutes Here is an edited transcript of a talk I gave at my old firm, Tannenbaum Helpern, about drafting key provisions in an intellectual property license and suggestions about…Continue reading The Art of the Deal: How to Draft and Negotiate an IP Deal
Reading Time: < 1 minute Andrew, joined by his colleagues Mark Grossman and Don Prutzman, will speak at the firm on Thursday morning January 24, 2013, on the art of the deal: how to…Continue reading The Art of the Deal: Successfully Negotiating Intellectual Property and Technology Transactions
Reading Time: 5 minutes The oral argument in WNET et al. v. Aereo before the 2d Circuit panel of Judges Denny Chin and Christopher Droney and Eastern District Judge John Gleeson was long (more…Continue reading Oral Argument in the Second Circuit in Aereo Makes Predicting the Outcome Not for the Faint of Heart
Reading Time: 6 minutes Innovation breeds copyright litigation. The scenario is often the same. The copyright holder whose market share is eroded by the innovative product claims it infringes its statutory-protected rights. The technologist…Continue reading Will Aereo’s Internet Streaming Service Survive Second Circuit Review?
Reading Time: < 1 minute I will speak at a GOAL (Global Outsourcing Association of Lawyers) webinar on July 10, 2012 re one of the most significant changes to the Internet, ICANN’s expansion of…Continue reading Andrew to Speak on July 10 at Webinar Sponsored by GOAL About ICANN’s New gTLDs
Reading Time: 4 minutes Thankfully the Second Circuit in Viacom v. YouTube has reversed Judge Stanton’s see no evil, speak no evil opinion which had granted summary judgment to YouTube. But in response to…Continue reading As a result of Viacom v. YouTube the Future of the Red Flag Standard in DMCA Litigation Is Black
Reading Time: < 1 minute Andrew will speak to the Intellectual Property and Technology Association at Cornell Law School on Tuesday evening March 26, 2012 on How Brands May Protect Themselves Against New Forms…Continue reading Andrew Berger to Speak at Intellectual Property and Technology Association at Cornell Law School on Brand Protection