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
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
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
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.
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
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