As China’s importance for brand owners continues to grow, so too does the sophistication of China’s IP application processes. Earlier this year, the China National Intellectual Property Administration (CNIPA) released a...more
Earlier this month, the Supreme Court agreed to hear an appeal that could clarify the legal landscape for U.S. brand owners seeking to enforce trademarks abroad — namely, whether brand owners may file suit in U.S. court for...more
In response to Western sanctions, Russian President Vladimir Putin recently issued statements threatening Russian state seizure of intellectual property and other assets from companies originating in “unfriendly countries.” ...more
Ignorantia juris non excusat, or, ignorance of the law is no excuse, is a familiar maxim. However, the Supreme Court ruled last week that good-faith mistakes of law will not invalidate otherwise valid copyright registrations....more
As we wrote in January 2021, the Trademark Modernization Act of 2020 (TMA) brought significant changes to trademark law and practice. The TMA clarified the standard for brand owners seeking injunctions against infringers in...more
The Eleventh Circuit recently issued a ruling that websites are not places of public accommodation, building upon decisions by other courts and deepening the divide among appellate courts on this issue. As we have written in...more
The Trademark Modernization Act of 2020 (TMA), enacted amid the many and wide-ranging provisions of the recently enacted COVID-19 relief package, contains significant changes to trademark law and practice. The TMA clarifies...more
The Digital Millennium Copyright Act (“DMCA”), signed into law in 1998, has had an enormous and long-lasting impact on the rights of copyright owners and the evolution of the internet....more
For a plaintiff in a trademark infringement dispute, the central question is often, "What can I recover?" Likewise, a defendant asks the mirror question: "What is my potential exposure?"...more
4/30/2020
/ § 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
After years of angst and political uncertainty, the United Kingdom officially left the European Union on January 31, 2020, and its departure gave rise to many questions regarding the future of intellectual property rights in...more
2/25/2020
/ Copyright ,
European Patent Office ,
European Union Intellectual Property Office (EUIPO) ,
Intellectual Property Protection ,
Patent Applications ,
Patents ,
Trademark Registration ,
Trademarks ,
Transitional Arrangements ,
UK Brexit ,
UK Intellectual Property Office (UK IPO)
A new USPTO rule recently came into effect that impacts foreign applicants, registrants, and parties to proceedings before the Trademark Trial and Appeal Board (“TTAB”). The new rule requires all foreign applicants,...more
The U.S. Supreme Court’s recent decision in Mission Product Holdings Inc. v. Tempnology, LLC clarifies that a bankruptcy debtor cannot unilaterally revoke its trademark licensee’s right to use a licensed mark pursuant to a...more
6/4/2019
/ Bankruptcy Appellate Panel (BAP) ,
Bankruptcy Code ,
Breach of Contract ,
Commercial Bankruptcy ,
Debtors ,
Exclusions ,
Executory Contracts ,
IP License ,
Mission Product Holdings Inc v Tempnology LLC ,
Rescission ,
Reversal ,
SCOTUS ,
Section 365 ,
Split of Authority ,
Trademark Licenses ,
Trademarks ,
Trustees
This month, the U.S. Supreme Court highlighted yet another reason to seek copyright registration as soon as possible. In a unanimous decision, the Supreme Court ruled in Fourth Estate Public Benefit Corp. v. Wall-Street.com...more
3/22/2019
/ Appeals ,
Copyright ,
Copyright Exhaustion ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Registration ,
Damages ,
Fourth Estate Public Benefit Corp v Wall-Street.com LLC ,
SCOTUS ,
Solicitor General ,
Split of Authority ,
The Copyright Act ,
Uniformity
The validity of EU trademark registrations in the UK after Brexit remains uncertain as negotiations continue. ...more
A new flavor of litigation has arisen under the Americans with Disabilities Act (ADA) and its regulations, specifically those regulations pertaining to descriptions of the accessibility features of hotel rooms....more
Among the things that are the most exciting about being an intellectual property practitioner working in the hospitality industry are the variety and wide breadth of legal issues that need to be addressed. We are...more
12/13/2018
/ Cybersecurity ,
Data Breach ,
Franchise Agreements ,
Hospitality Industry ,
Hotels ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Marketing ,
Personal Jurisdiction ,
Settlement Negotiations ,
Trademarks
As we discussed in our previous alert, the deadline for internet service providers to re-register electronically for copyright safe harbor protection is rapidly approaching on December 31, 2017....more
12/14/2017
/ Copyright ,
Copyright Infringement ,
Copyright Office ,
Digital Media ,
DMCA ,
Intellectual Property Protection ,
Internet Service Providers (ISPs) ,
Online Platforms ,
Registration Requirement ,
Safe Harbors ,
Websites
Under regulations issued late last year by the United States Copyright Office, to receive safe harbor protection, all “service providers” must electronically register an agent to receive notices of copyright infringement...more
6/12/2017
/ Copyright ,
Copyright Infringement ,
Copyright Office ,
Digital Media ,
DMCA ,
Intellectual Property Protection ,
Internet Service Providers (ISPs) ,
Popular ,
Registration Requirement ,
Safe Harbors ,
Websites
As discussed in a prior client alert, Title III of the Americans with Disabilities Act (ADA), which forbids “places of public accommodation” from discriminating against those with disabilities, may also apply to websites....more
The federal Digital Millennium Copyright Act (“DMCA”) provides safe harbors from copyright infringement liability for online service providers that are engaged in specified activities and that meet certain eligibility...more
By now you have undoubtedly heard that in the Brexit Referendum held on June 23, 2016, the majority vote was in favor of United Kingdom leaving the European Union. Notwithstanding the outcome of the vote, it is presently...more
7/18/2016
/ Community Trade Mark Regulation (CTM Regulation) ,
EU ,
European Union Intellectual Property Office (EUIPO) ,
European Union Trade Mark (EUTM) ,
Intellectual Property Protection ,
Member State ,
OHIM ,
Referendums ,
Trademark Registration ,
UK ,
UK Brexit
In just a few years, vacation rental websites have exploded onto the scene, commanding a significant market presence in the hospitality industry and redefining traditional “vacation rentals.” In particular, websites like...more
Last month, the Supreme Court of Indonesia announced its decision canceling two of Swedish furniture giant IKEA’s trademark registrations for its brand name in International Trademark Classes 20 (furniture) and 21 (household...more
Most companies with brick-and-mortar locations are familiar with their obligations under Title III of the Americans with Disabilities Act (ADA), which forbids “places of public accommodation” from discriminating against those...more
As we noted in our Client Alert on December 18, 2014, President Obama has announced that he will take steps to ease regulations that have largely prevented U.S. companies from conducting business in Cuba for more than 50...more