Author: Jonathan Montcalm

Known for working well with his colleagues on multiple matters at any given time, Jon has represented numerous clients in disputes involving intellectual property (trademark, trade secrets, false advertising, unfair competition and copyright), international disputes implicating the FSIA, complex commercial matters, consumer class actions, insurance coverage, cross-border discovery issues, as well as civil and criminal investigations. Jon has extensive experience resolving these disputes before state and federal trial and appellate courts in multiple jurisdictions, in addition to before arbitral tribunals and through mediation.

Raptors Secure Major Off-Court Win in Trademark Contest

This season the Toronto Raptors missed the NBA playoffs for the first time since 2013. But this year has not been a total bust for the 2019 NBA Champions, because last month the Trademark Trial & Appeal Board dismissed claims against Maple Leaf, Inc. (owner…

Lenny Dykstra: His Reputation Precedes Him

In the 1980s and early 1990s, thousands of posters of former Major League star Lenny Dykstra undoubtedly decorated the bedroom walls of New York Mets and Philadelphia Phillies fans. Following a recent decision by Justice Robert Kalish of the New York Supreme Court (the trial-level…

FedEx Can Keep On Copying for Creative Commons Licensee

Fed Ex Office and Print Services recently scored a victory in Great Minds v. FedEx Office and Print Services, Inc., securing dismissal of a copyright infringement action based on the copying of educational materials for school districts.  The case provides a useful reminder about the…

Usher’s Still in the Clear in Copyright Suit

The Third Circuit Court of Appeals recently affirmed the dismissal on summary judgment of copyright infringement claims brought by Daniel Marino (not that Dan Marino) against Usher and nineteen other defendants in Marino v. Usher.  The decision underscores the bedrock principle that joint authors cannot sue…