On June 11, 2021, the United States Court of Appeals for the Second Circuit vacated a Final Order of the Federal Trade Commission (FTC), finding that 1-800 Contact’s “typical trademark settlement agreements” did not unreasonably restrain trade in violation the Section 5 of the FTC Act given the lack of direct evidence of an anticompetitive effect and the strong procompetitive justification of protecting 1-800 Contract’s trademarks. The Court of Appeals also found that it did not have sufficient experience with the type of conduct at issue to permit the abbreviated antitrust analysis favored by the Commission, applying a full-blown rule of reason analysis instead. The Court remanded the case to the Commission with instructions to dismiss it.

Last June, the Association wrote an open letter to the AIPLA community in response to the killing of George Floyd and others. This March, we again published a statement to condemn acts of violence against the Asian American and Pacific Islander community. It is therefore with a profound sense of frustration and sadness that we must again address acts of hate.

On May 24, 2021, AIPLA submitted comments to the Director for the Office of Enrollment and Discipline at the U.S. Patent and Trademark Office (USPTO) regarding the proposed administrative updates to the General Requirements Bulletin (GRB). The comments made were in support of the proposal to add the common Category B categories to Category A to reflect current and anticipated patenting activity, and of the proposal to amend Category B, Options 2 and 4, to permit a combination of courses that need not be sequential. AIPLA also advised considering the addition of degrees matching emerging technical fields on a regular basis and supports the inclusion of master’s and doctoral degrees as acceptable under the requirements of Category A.

AIPLA echoes the significant concerns shared by many other intellectual property entities about the Administration’s decision to support the World Trade Organization (WTO)’s proposed waiver of IP protections for COVID-19 vaccines. AIPLA continues to support the widespread distribution of vaccines, medicines, and other measures necessary to meet the challenges of COVID-19, however, we are concerned that the waiver approach is unlikely to lead to the desired result of widespread access to high-quality vaccines produced by qualified manufacturers and will negatively impact further innovation. AIPLA believes this decision has the potential to set an unfortunate precedent going forward.

On April 26, 2021, AIPLA submitted comments to the U.S. Copyright Office on Notification of Inquiry regarding Copyright Alternative in Small-Claims Enforcement (“CASE”) Act Regulations. As a general matter, AIPLA believes that it is important to keep the procedures as straight forward and accessible as possible to ensure this will be a new, simple, and low-cost process to resolve small copyright claims. AIPLA encourages the Copyright Claims Board to publish standardized forms and instructions. Additionally, AIPLA is in favor of providing a Second Notice through the U.S. Postal Service. For ease of delivery, AIPLA is in favor of a Designated Agent directory. Online submission of opt-out notices should be encouraged, but a paper option is also recommended. To strike an appropriate balance of discovery, AIPLA recommends that the CCB require a standardized, initial disclosure of relevant information.