The decision expands the availability of trademark protection for domain names and limits the number of terms deemed unprotectable because they are generic.
Key Points:
..The addition of the .com top-level domain to an...more
7/29/2020
/ Acquired Distinctiveness ,
Appeals ,
Booking.com ,
Domain Name Registration ,
Domain Names ,
Generic Marks ,
Lanham Act ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO
Decision clarifies prior conflicting authority and holds that willfulness is not a prerequisite to recovering an infringer’s profits.
Key Points:
..A finding of willfulness is not a prerequisite to a disgorgement of...more
5/6/2020
/ § 1125(a) ,
§ 1125(c) ,
Appeals ,
Burden of Proof ,
Charge-Filing Preconditions ,
Compensatory Awards ,
Dilution ,
Lanham Act ,
Lost Profits ,
Remand ,
Remedies ,
Romag Fasteners v Fossil ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated ,
Willful Infringement
Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC has important implications for copyright owners who file infringement suits, including authors of literary, musical, and dramatic works.
Key Points:
..The...more
4/9/2019
/ Appeals ,
Copyright ,
Copyright Exhaustion ,
Copyright Infringement ,
Copyright Registration ,
Damages ,
Fourth Estate Public Benefit Corp v Wall-Street.com LLC ,
Petition for Writ of Certiorari ,
SCOTUS ,
Solicitor General ,
Split of Authority ,
The Copyright Act ,
Uniformity
While courts only sparingly grant ex parte seizures under the DTSA, the availability of federal jurisdiction and extraordinary remedies may be enhancing enforcement efforts.
The Defend Trade Secrets Act of 2016 (DTSA) was...more
D.C. District Court lacks personal jurisdiction over Chinese video hosting website, providing guidance for analyzing jurisdiction over foreign internet companies.
US law governing whether a court has personal...more
Ninth Circuit joins growing trend in circuit courts, which has practical implications for trademark litigants on both sides.
Two years have passed since the US Supreme Court added some teeth to the Patent Act’s...more
Federal Circuit finds that barring the registration of disparaging trademarks is unconstitutional, creating potential running room for the Washington Redskins.
An appeal of the 2014 decision to cancel the REDSKINS...more
The United States Supreme Court settles circuit split, ruling that juries determine if a party’s revisions to a trademark impart the same commercial impression to consumers.
Trademark owners often update their marks...more
Hartford v. Swift imposes “specificity” requirements that may provide comfort to companies facing disparagement claims while requiring careful navigation to trigger CGL policies.
The California Supreme Court recently...more
The US Supreme Court allows private parties to bring Lanham Act claims challenging product labels that otherwise satisfy the Food, Drug, and Cosmetic Act.
In a battle of the beverages, the Supreme Court recently...more
7/1/2014
/ Advertising ,
Coca Cola ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Lanham Act ,
NLEA ,
POM Wonderful ,
POM Wonderful v Coca Cola ,
SCOTUS
Altavion v. KMSL extends trade secret protection to valuable design concepts even when those design ideas are shared during a negotiation.
Implications -
In Altavion v. KMSL, the California Court of Appeal...more
As OHIM announces three primary changes to the treatment of trademarks in color, trademark owners should review their marks to ensure adequate protection.
The Office for Harmonization in the Internal Market (OHIM),...more
Federal judge requires parties challenging decisions of the Trademark Trial and Appeal Board to pay the government’s attorney’s fees
In a matter of first impression, a Virginia District Court recently ruled that the...more
Pinterest is a pinboard-style content-sharing website where users can post photos and other content, share images and comment on each other’s content. Its rapid success—it is reported to have more than 50 million users—has...more
China’s significantly revised trademark laws streamline the application process, provide greater protection for well-known marks, and impose harsher penalties on infringers.
China has long been criticized for lax...more
Jennifer Barry, a San Diego-based litigation partner, shares best practices for lawyers on confronting trademark infringement and counterfeiting threats by users of social media networking sites....more