Mr Nicholas W Jordan

Nicholas W Jordan


Intellectual Property

Third circuit panel revises half-baked trade dress functionality decision
USA | 22 February 2021

"That's the way the cookie crumbles", a panel of judges from the US Court of Appeals for the Third Circuit again concluded in rejecting trade dress protection for the well-known Pocky cookie design. However, in a revised decision following a rehearing request, the panel clarified its initial analysis on trade dress functionality, providing a fuller explanation of its reasoning which may soothe trade dress advocates.

Protecting your brand from COVID-19 scams
USA | 07 December 2020

As the COVID-19 pandemic continues, scammers are seeking to capitalise on public fear and uncertainty, requiring brand owners to be ever vigilant in monitoring and protecting their intellectual property. This article highlights some of the scams seen during the pandemic and outlines what action brand owners can take. These actions may prove particularly important for organisations working on the front line in the fight to flatten the COVID-19 curve.

Congress acknowledges shift towards e-commerce with bills to reduce counterfeits
USA | 05 October 2020

Congress is taking action after recognising the growing problem of counterfeit and unregulated products being sold through online marketplaces and the associated safety concerns. This article provides a high-level overview of the proliferation of counterfeits on online marketplaces and summarises three pending bipartisan bills and their stated goals.

Fighting counterfeits at the border: Counterfeit Goods Seizure Act of 2019 would expand CBP enforcement to design patents
USA | 17 August 2020

The Counterfeit Goods Seizure Act of 2019, which a bipartisan group of senators introduced at the end of 2019, is a significant legislative effort to tackle the problem of imported counterfeit goods. The act would add design patents to US Customs and Border Protection's current IP rights enforcement mechanism for trademarks and copyrights.

Legal implications of syncing copyrighted music with other content
USA | 27 July 2020

With the rise of social distancing and stay-at-home orders, the demand for online content has increased exponentially. Given this new reality, online content creators must take steps to ensure that their online creations do not land them in legal hot water. This article's examples and best practices illustrate and address the challenges associated with using music in online content.