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Raging Bull Heiress Knocks Out MGM’s Laches Defense

In Petrella v. Metro-Goldwyn-Mayer, Inc., Supreme Court holds that laches cannot bar claims for damages for copyright infringement brought during the 3-year limitations period. On May 19, 2014, in a case concerning the...more

5/23/2014 - Affirmative Defenses Copyright Copyright Infringement Laches MGM Petrella v. MGM SCOTUS Statute of Limitations

Intent to Lose? Be Wary of Pitfalls Involving Intent-to-Use Trademark Applications.

Merger and Acquisitions often involve the acquisition and/or assignment of trademarks. Companies acquiring trademarks must beware of potential problems lurking with intent-to-use (ITU) trademark applications (or applications...more

5/23/2014 - Acquisitions Assignments Due Diligence First-to-File Intent-to-Use Lanham Act Mergers Trademark Trial and Appeal Board Trademarks USPTO

Ninth Circuit Eliminates Presumption of Irreparable Injury for Plaintiffs Seeking Preliminary Injunctions in Trademark Cases

Ending years of uncertainty and division among district courts, the Ninth Circuit recently ruled that a trademark plaintiff must establish a likelihood of irreparable harm to obtain a preliminary injunction in a trademark...more

12/6/2013 - Irreparable Harm Preliminary Injunctions Rebuttable Presumptions Trademark Litigation Trademarks

As the New gTLDs Near Launch, What's Happening and How Can You Protect Yourself?

While much of the world is finally getting a handle on the .com, .net and .org domains, we are on the brink of an explosion of hundreds of new generic top- level domains (“gTLDs”). In fact, if things go as planned, we will...more

10/30/2013 - gTLD Internet Trademarks Websites

Copyright Litigation Update: Copyright Register Has “Right to Weigh in” Before Registration Is Invalidated

Earlier this month, the 7th Circuit Court of Appeals reversed a district court’s decision invalidating a copyright registration, in spite of its agreement with the lower court’s factual finding that the copyright registrant...more

10/23/2013 - Copyright Copyright Infringement Copyright Office Registration

How Trade Mark Defendants are Winning from MedImmune

In 2007, the US Supreme Court set a new test for declaratory judgment actions in MedImmune. Its decision continues to have a profound impact on trade mark cases, explain Bobby Ghajar and Carolyn Toto. One-Minute Read...more

10/14/2013 - Cease and Desist Orders Declaratory Judgments Genentech Infringement MedImmune v Genentech SCOTUS Subject Matter Jurisdiction Trademarks USPTO

The Trademark "Twist"

Judge Alsup out of the Northern District of California recently issued a decision relating to HP's App Catalogue's (its online store) sale of an app called "Chubby Checker," an app that estimates the size of a male's anatomy...more

9/3/2013 - Communications Decency Act Right of Publicity Trademarks

A Covenant Not to Sue May Avoid Invalidity Claims

Last week, in Already, LLC v. Nike, Inc. (opinion attached), the Supreme Court unanimously decided that the voluntary cessation doctrine, most often used when a defendant claims its voluntary compliance moots a case where it...more

1/17/2013 - Already LLC Article III Covenant Not to Sue Declaratory Judgments Infringement Justiciable Controversy Mootness Nike SCOTUS Standing Subject Matter Jurisdiction Trademarks

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