Eleanor B. Atkins
Subscribe to Eleanor B. Atkins's PostsEleanor (Ellie) B. Atkins focuses her practice on trademark, copyright, sweepstakes and promotions, and false advertising matters. Ellie is experienced in client counsel, strategy and legal research, including portfolio management and the selection, clearance, prosecution, registration and enforcement of trademarks. Additionally, she has assisted with district court litigation as well as actions before the Trademark Trial and Appeal Board, including drafting complaints, discovery requests and briefs in support of various motions. Read Ellie Atkins' full bio.
No Remix: Copyright Act Preempts Right of Publicity Claim
By Eleanor B. Atkins on Sep 9, 2020
Posted In Copyrights
The US Court of Appeals for the Second Circuit found that the federal Copyright Act preempts a state right of publicity claim when the latter is merely “a thinly disguised effort to exert control over an unauthorized [use of a copyrighted] work.” Jackson v. Roberts, Case No. 19-480 (2d Cir. Aug. 19, 2020) (Leval, J.)....
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For Your Information, Eighth Circuit Upholds Copyright Protection for Database Compilation
By Eleanor B. Atkins on May 14, 2020
Posted In Copyrights
The US Court of Appeals for the Eighth Circuit addressed the copyright protection afforded to an information database and whether comments made to a reporter while litigation was ongoing violated the disparagement clause in a separation agreement. Ultimately, the Court affirmed a judgment against the defendant for copyright infringement and against its founder for breach...
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Ricky Martin’s “Vida” Lives On, but Plaintiff Will Get Another Shot at It
By Eleanor B. Atkins on Apr 30, 2020
Posted In Copyrights
Addressing whether a copyright infringement claim should be dismissed with prejudice where the plaintiff failed to register his copyright prior to filing the lawsuit, the US Court of Appeals for the First Circuit held that dismissal is too harsh, remanding the case for consideration of whether the claim should be dismissed without prejudice or if...
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Hair of the Dog? Squeaker Toy Is Expressive Work
By Eleanor B. Atkins on Apr 15, 2020
Posted In Trademarks
Addressing whether a dog toy meant to humorously evoke a bottle of whiskey was entitled to First Amendment protection, the US Court of Appeals for the Ninth Circuit held that the toy was a protectable expressive work. The Ninth Circuit vacated and remanded the district court’s finding of trademark infringement, reversed the judgment on dilution,...
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US Copyright Office, USPTO Act to Assist Those Affected by COVID-19
By Eleanor B. Atkins and Jiaxiao Zhang on Apr 9, 2020
Posted In Copyrights, Patents
On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which authorized the US Copyright Office (USCO) and the United States Patent and Trademark Office (USPTO) to temporarily waive or modify certain statutory deadlines. Prior to the CARES Act, the USPTO and USCO had sought to provide...
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Lightbulb Moment: It’s Possible to Grant an Implied Copyright Sublicense
By Eleanor B. Atkins on Apr 2, 2020
Posted In Copyrights
Addressing for the first time the issue of implied copyright sublicenses, the US Court of Appeals for the First Circuit held that where a copyright license provides an unrestricted right to grant sublicenses, a copyright licensee may do so impliedly and without express language. Photographic Illustrators Corp. v. Orgill, Case No. 19-1452 (1st Cir. Mar....
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2019 IP Law Year in Review: Trademarks
By Eleanor B. Atkins, Nicole M. Jantzi, Rebecca Harker Duttry and Sarah Bro on Feb 6, 2020
Posted In Trademarks
Executive Summary Trademark jurisprudence in 2019 may be best summarized in two words: questions and answers. Decisions handed down at the district court level have teed up key questions that are poised to be answered by the United States Supreme Court in the 2020 term—such as the protectability of certain “.com” trademarks, as well as...
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