Peter Brody

Peter Brody

Ropes & Gray LLP

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Supreme Court Rules that TTAB Decisions Can Have Preclusive Effect in Federal Court

On March 24, 2015, in a trademark dispute captioned B&B Hardware Inc. v. Hargis Indus., Inc., No. 13-352, the United States Supreme Court determined that “likelihood of confusion for purposes of registration [of a trademark]...more

3/26/2015 - Issue Preclusion Likelihood of Confusion SCOTUS Trademark Infringement Trademark Trial and Appeal Board Trademarks

Supreme Court Rules that Trademark “Tacking” Is a Question for the Jury

On January 21, 2015, the Supreme Court in Hana Financial, Inc. v. Hana Bank, No. 13-1211, unanimously held that whether different versions of a trademark may be “tacked” for purposes of determining priority is a jury...more

1/23/2015 - Hana Financial v Hana Bank Jury Questions Likelihood of Confusion SCOTUS Tacking Trademarks

Supreme Court Rules in Favor of Broadcasting Companies in Aereo’s Copyright Battle Over Internet Television Streaming

The United States Supreme Court on June 25, 2014, held that Aereo’s system for capturing and recording broadcast TV programming, and then streaming that programming to individual subscribers, “performs” that programming...more

7/1/2014 - ABC ABC v Aereo Broadcasting Copyright Copyright Infringement Public Performance Rights SCOTUS The Copyright Act

Supreme Court Unanimously Reverses Ninth Circuit’s Decision in POM Wonderful v. Coca-Cola

Ruling That Competitors May Bring Lanham Act Claims Challenging FDA-Regulated Food and Beverage Labels Could Impact Other Categories of FDA-Regulated Products - On June 12, 2014, the Supreme Court in POM Wonderful LLC...more

6/16/2014 - Advertising Coca Cola FDA FDCA Food Labeling Lanham Act NLEA POM Wonderful POM Wonderful v Coca Cola SCOTUS

Supreme Court Sets New Test in Lexmark for Whether a Party Has Standing to Bring a False Advertising Claim under the Lanham Act

On March 25, 2014, the Supreme Court in Lexmark International, Inc. v. Static Control Components, Inc., No. 12-873 (Mar. 25, 2014), ruled that a two-part inquiry pairing the zone-of-interests test and a proximate-cause...more

3/27/2014 - False Advertising Lanham Act Lexmark Lexmark v Static Control Components SCOTUS

ICANN Deadline Fast Approaching for Objections to New Top-Level Domains

The deadline is fast approaching for third parties to object to any of the nearly 2,000 new generic top-level domains currently under review by the Internet Corporation for Assigned Names and Numbers (ICANN) for potential...more

2/13/2013 - Domain Names Filing Deadlines gTLD ICANN Internet Objection Procedures Third-Party Trademarks WIPO

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