' Briana Sooy | MTTLR

Uncovering the Burial of Transformative Trademark & Copyright Measures in Congress’ 2021 Stimulus Package: Protections to Come for Content Creators

The recently passed stimulus package quietly incorporates consequential changes to American intellectual property laws via the advent of the Trademark Modernization Act of 2020 (“the TMA”), the Copyright Alternative in Small-Claims Enforcement Act of 2020 (the “CASE Act”), and the Protecting Lawful Streaming Act (the “PLSA”).   On December 21, 2020, about eight months into the sudden and persistent COVID-19 pandemic, Congress swiftly passed the Consolidated Appropriations Act, 2021 (“the Act”), a long-awaited bill focused on providing another round of pandemic relief and economic stimulus; and avoiding a government shutdown. Six days later, then President Donald Trump signed the Act into law.   Buried within $900 billion in stimulus provisions and a $1.4 trillion federal agency funding deal, the Act includes provisions that amend trademark and copyright laws and thus, impact creators in the booming digital economy. The TMA, the CASE Act, and the PLSA will offer trademark and copyright owners, thereby many content creators, meaningful benefits, including (i) making it easier for trademark owners to obtain injunctive relief; (ii) creating a small-claims court for copyright infringement disputes; and (iii) imposing a felony on unlawful streaming of copyrighted material.   The Trademark Modernization Act (TMA) of 2020: Resolving a Circuit Split   The TMA, among other initiatives to expand and fortify the accuracy and integrity of the federal trademark register, settles a long-standing circuit split: whether the Supreme Court’s ruling in eBay, Inc. v. MercExchange LLC, 547 U.S. 388 (2006) (holding that irreparable harm could not be presumed in a patent infringement lawsuit) applies to trademark infringement. Historically, to obtain preliminary injunctive (PLI) relief, the movant has the burden...