NYS Science & Technology Law Center

MAY 2026 NEWSLETTER

News From the Innovation Law Center

Innovation Law Center

Innovation Law Center

The ILC is the designated NYS Science & Technology Law Center. It is funded by the Empire State Development Corp. to provide information and research on legal issues relevant to the technology commercialization process. Research is available to early-stage companies, research centers, economic development agencies, technology transfer offices, and researchers throughout New York State.  Research on the intellectual property, competitive, and market landscapes relevant to a new technology are completed by law and business students under the supervision of faculty. 

If you are interested in having the ILC complete research, please submit a request here.

IP / Regulatory Law Watch

Dua Lipa v. Samsung Electronics Co., Ltd.

Background
Grammy Award-winning British pop star Dua Lipa has filed a federal lawsuit against Samsung Electronics Co., Ltd. in the U.S. District Court for the Central District of California, seeking at least $15 million in damages. The dispute centers on a copyrighted photograph titled “Dua Lipa — Backstage at Austin City Limits, 2024” which Samsung allegedly placed on the front of television retail packaging across the United States without her knowledge or consent. Lipa first discovered the alleged infringement in June 2025 via social media.

Legal Claims & Applicable Law
The complaint asserts four overlapping causes of action, each targeting a distinct legal harm:

1. Copyright Infringement (17 U.S.C. § 501). Lipa owns the photograph and holds a valid U.S. Copyright Office registration, satisfying the threshold requirements of the Copyright Act. Under Section 106, copyright owners hold the exclusive right to reproduce and publicly display their works. Samsung’s alleged reproduction of the image on millions of retail boxes, without a license, constitutes direct infringement. Because Lipa sent cease-and-desist notices that Samsung allegedly ignored, the complaint characterizes the infringement as willful, which under 17 U.S.C. § 504(c)(2) can elevate statutory damages to up to $150,000 per work infringed.

2. Right of Publicity — California Civil Code § 3344. California’s statutory right of publicity prohibits the use of a person’s name, photograph, or likeness for commercial purposes without prior consent. The statute applies to both knowing and negligent use, and provides for actual damages, disgorgement of profits, and a minimum statutory penalty of $750 per unauthorized use. Lipa’s complaint contends that Samsung commercially exploited her recognizable face to drive television sales, precisely the conduct the statute was designed to prevent.

3. False Endorsement — Lanham Act § 43(a) (15 U.S.C. § 1125(a)). Section 43(a) of the Lanham Act creates a federal cause of action for false endorsement where the use of a celebrity’s identity is likely to cause consumer confusion as to whether that celebrity sponsors or approves of the defendant’s goods. Courts apply a multi-factor likelihood-of-confusion test, and Lipa’s complaint supports this claim with social media evidence showing consumers believed her presence on the packaging signaled a genuine endorsement deal.

4. Trademark Dilution & Infringement (15 U.S.C. §§ 1114, 1125(c)). Lipa alleges that her name and likeness function as a protectable mark associated with a carefully curated luxury brand. Unauthorized commercial association with a mass-market consumer product, the complaint argues, dilutes the distinctiveness of that mark under the Federal Trademark Dilution Revision Act and may tarnish the brand by linking it to goods she would not have chosen to endorse. Samsung’s refusal to withdraw the packaging after repeated demands strengthens the willfulness element across all trademark claims.

Samsung’s Response
Samsung has not denied using Lipa’s image but disputes the circumstances. A company spokesperson stated that the photograph was used in 2025 to reflect content available through third-party partners on Samsung TVs and was originally provided by a content partner for Samsung TV Plus, the company’s free streaming service. Samsung asserts it used the image only after receiving explicit assurance from the content partner that permission had been secured, including for use on retail boxes. The company has expressed that it “has great respect for Ms. Lipa and the intellectual property of all artists” and stated it remains open to a constructive resolution.

Outlook
Social media evidence attached to the complaint shows consumers directly crediting Lipa’s image as a reason for purchasing the televisions, bolstering the false endorsement and dilution claims. The case will likely turn on the adequacy of Samsung’s due diligence when relying on a third-party content partner’s assurance of cleared rights, a question with significant implications for how electronics manufacturers manage celebrity image licensing throughout their supply chains.

Around NY State

A graphic in the shape of New York state

Governor Hochul Announces Excelsior Scholarship Application Open for New Applicants for 2026-2027 Academic Year

Governor Kathy Hochul announced on May 26, 2026 that the Excelsior Scholarship application for new applicants for the 2026–27 academic year is now open, offering eligible full-time students tuition-free attendance at SUNY or CUNY two- or four-year colleges for households with federal adjusted gross incomes up to $125,000, provided students enroll full-time and complete 30 credits per year. Students opting for a participating private New York college can receive up to $6,000 through the Enhanced Tuition Award (ETA). In the prior academic year, over $101 million in Excelsior awards went to more than 25,000 students, enabling 72% of CUNY and 55% of SUNY students to attend tuition-free when combined with other aid. Both new applications are due by August 31, 2026, while current recipients do not need to reapply but must continue to meet eligibility requirements and complete annual financial aid applications. Read more here: 

Advocating for New York’s Innovation Economy

In early May 2026, Tech:NYC brought more than 25 leaders from 20 member companies — ranging from large firms like Amazon, Microsoft, Anthropic, and Google to early-stage startups — to Albany for its annual Lobby Day, where the delegation held nearly 30 meetings with state legislators, Governor Hochul’s office, and the Attorney General’s office to make the case for smart, innovation-friendly policy. Key issues on their agenda included amending algorithmic pricing legislation, advancing a workable approach to data privacy, and pushing for sensible AI regulation, with member companies emphasizing their local economic impact and the importance of keeping New York competitive as a global tech hub. Read more here: 

New York State Office of Information Technology Services Announces Winners of New York State “Kids Safe Online” Poster Contest

The New York State Office of Information Technology Services announced the 12 winners of its annual “Kids Safe Online” Poster Contest, selected from nearly 575 entries submitted by students across the state in kindergarten through 12th grade. Running since 2005, the contest encourages young people to think creatively about cybersecurity and online safety topics such as cyberbullying, oversharing personal information, and responsible social media use, while also giving teachers a vehicle to reinforce these lessons in the classroom. The winning students’ artwork will be featured in the 2026 “Kids Safe Online” Calendar, and each winner will receive a New York State certificate of achievement. Read more here: 

Upcoming Events

Contract Development and Manufacturing Organizations (CDMOs):  What are they and how can they help with product design and commercialization? Register here:

  • What: Contract Development and Manufacturing Organization
  • When: June 2, 2026, 3:00 – 4:00 p.m. EST
  • Where: Virtual

Vitality in the Valley: Farm to Factory

  • What: Bringing together New York State companies across the food, beverage, agriculture, and manufacturing sectors to foster collaboration, explore partnerships, and strengthen regional supply chains. Register here:
  • When: June 2-3, 2026
  • Where: Herkimer College, Herkimer, NY

Outsourcing in Clinical Trials: Medical Devices USA 2026

  • What: The event brings together leaders from the medical device and diagnostics community, including executives from companies like Medtronic, Boston Scientific, Philips, and GE Healthcare.  For more:
  • When: June 2-3, 2026
  • Where: Minneapolis Marriott West, Minneapolis 

43North: The Final Pitch

  • What: The Final Pitch is a celebration marking the conclusion of 43North’s annual startup competition — after more than a decade of investing $55M into 79 high-growth companies and helping establish Buffalo as a nationally recognized startup hub, the 2026 Finals at Shea’s will serve as one last night of pitches and startup momentum before the organization transitions into its next era through the 43North Foundation. For more:
  • When: October 2026
  • Where: Buffalo, NY

 

Do you have an event or schedule you would like to advertise? Contact Karen Scullion at nysstlc@syr.edu to share it in our next monthly newsletter. 

Funding Opportunities

  • USPTO Law School Clinic Certification Program
    • The USPTO Law School Clinic Certification Program connects inventors, entrepreneurs, and small businesses with free patent and trademark legal services provided by law students at over 60 participating law schools, who gain hands-on experience drafting and filing applications under the supervision of faculty attorneys.
  • VLA Patent Pro Bono Program
    • Volunteer Lawyers for the Arts’ Patent Pro Bono Program connects artists, creators, and independent inventors with volunteer patent attorneys who provide free assistance in drafting and filing design or utility patent applications with the USPTO.
  • Empire State Development
    • ESD offers several resources, including: Start-UP NY, the Innovate NY Fund, NY Ventures, and the Small Business Credit Initiative (SSBCI). 
  • FuzeHub
    • Launch NY is Upstate New York’s most active nonprofit seed fund, providing free mentoring, seed capital, and hands-on support to help high-growth startups become investment-ready, having mentored over 1,900 companies, funded 110+, and supported more than 9,900 jobs across the region.
  • 43North
    • 43North is a Buffalo-based accelerator program that invests $5 million annually into high-growth startups locatedin Buffalo, NY, with the mission of attracting and retaining innovative companies in the region.
  • Pursuit Lending
    • Pursuit is a community-focused lender that provides fair, affordable small business loans ranging from $10,000 to $5.5 million, including SBA 504, SBA 7(a), and microloans, to businesses in New York, New Jersey, Pennsylvania, Connecticut, Illinois, and Delaware.
  • America’s Seed Fund
    • America’s Seed Fund (NSF SBIR/STTR) is a U.S. government program that provides up to $2 million in seed funding, with no equity taken, to early-stage startups developing deep technologies across areas like AI, energy, medical devices, robotics, and semiconductors, helping them bring innovative ideas to market.
  • NYS Investment Entities, Including:

 

Questions or Suggestions: Contact Innovation Review Editor Patrick Cramer at nysstlc@syr.edu