On March 22, 2017, the Supreme Court issued a ruling in Star Athletica, L.L.C. v. Varsity Brands, Inc., et al, No 15-866, clarifying that the Copyright Act protects applied artistic elements appearing on utilitarian objects, including apparel. In a ruling authored by Justice Clarence Thomas, the Court held that: “[a] feature incorporated into the design of a useful article is eligible for copyright protection only if the feature (1) can be perceived as a two- or three- dimensional work of art separate from the useful article, and (2) would qualify as a protectable pictorial, graphic, or sculptural work – either on its own or fixed in some other tangible medium of expression – if it were imagined separately from the useful article into which it is incorporated.”
Ricardo is the head of the Trademark group at Arent Fox. He focuses his practice on a wide array of corporate/commercial, regulatory and intellectual property issues, some domestic but with a main focus in Central, South America, and the Caribbean.
* Ricardo is admitted only in New York and Venezuela. He is admitted as a Special Legal Consultant by the District of Columbia Bar and is supervised by principals of the firm.
As a dual civil and common law attorney who has practiced law in Latin America and the United States, Ricardo is in a unique position to help clients navigate their expansion or business into these jurisdictions. He has assisted clients in negotiations of commercial and distribution agreements, analysis and settlement of distribution termination claims, license agreements, analysis, and risk assessment with respect to product claims, labeling and advertisement restrictions, cases before several national advertisement review boards, due diligence, and acquisition of tangible and intangible assets and a wide array of Intellectual Property issues including protection, enforcement, unfair competition, and regulatory licenses for research and development such as GMO’s and genetic access-type research.
Before joining Arent Fox in 2004, Ricardo was a partner in a major law firm in the city of Caracas, Venezuela where he represented various pharmaceutical, food, and entertainment companies doing business in Venezuela and South America in areas including foreign investment requirements and compliance, regulatory compliance with focus on food and pharmaceuticals, and intellectual property — namely trademark protection and litigation, data access, and privacy and patent litigation (mostly design patent). His representative clients included Mars, Inc., The Coca Cola Company, The Walt Disney Company, and Procter & Gamble.
While attending law school, Ricardo clerked for a civil and commercial court in the city of Caracas with jurisdiction over civil and commercial matters.
Ricardo has been on the board of the Interamerican Association of Intellectual Property (ASIPI), where he also chaired its internet committee and is a current member. He has also served in various committees at the International Trademark Association (INTA).
Blog Posts by Ricardo Fischer
Arent Fox today released Episode 5 of Fashion Counsel with Anthony V. Lupo. This edition features Ricardo Fischer, partner and special legal consultant to Arent Fox’s Intellectual Property and International Trade groups.
In Episode 5, program host and Arent Fox Partner Tony Lupo interviews Mr. Fischer on tactics and strategies to attain full royalty payments in the face of fluctuating currency valuations. Topics include mechanisms available for exchanging local currencies to recover royalties in US dollars.
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Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.