The Consolidated Appropriations Act, 2021 signed into law on December 27, 2020, included sweeping changes to US trademark and copyright law. Part of the law, the Trademark Modernization Act of 2020 (TM Act), provides trademark plaintiffs seeking injunctions a rebuttable presumption of irreparable harm, broadening the availability of injunctive relief, it will provide for third-party submission of evidence in trademark examination proceedings and it will create a streamlined process for cancellation of trademarks failing to meet certain technical “use” requirements. While the TM Act’s presumption of irreparable harm is already in effect, other sections of the TM Act and implementing regulations are set to go into effect by December 27, 2021.
The new law also includes the Copyright Alternative in Small-Claims Enforcement Act of 2019 (CASE Act), which creates a small claims tribunal within the US Copyright Office for deciding disputes regarding infringement and DMCA claims. Implementing regulations for the CASE Act may go into effect as early as December 27, 2021.
Cooley lawyers Rebecca Givner-Forbes, Kristin Leavy and JP Oleksiuk will discuss how companies should be prepared to benefit from the new laws as well as the risks they present.
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For more information, please email Maria Russo.