Sarah Bro

Sarah Bro

McDermott Will & Emery

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Copyright Law Unavailable for Removal of Anti-Islam Video - Cindy Lee Garcia v. Google Inc. et al.

Overturning a hotly debated district court decision, in a case involving numerous amicus curiae briefs, the en banc Court of Appeals for the Ninth Circuit affirmed a district court’s denial of a motion for a preliminary...more

7/10/2015 - Appeals Copyright Copyright Infringement Copyrightable Subject Matter Emotional Distress Damages First Amendment Google Irreparable Harm Preliminary Injunctions Prior Restraint The Copyright Act YouTube

Federal Circuit Vacates Panel Decision on Disparaging Trademark and Orders En Banc Hearing - In re Tam

The U.S. Court of Appeals for the Federal Circuit issued a sua sponte order vacating its April 20, 2015, decision in In re Tam to consider the constitutionality of Section 2(a) of the Lanham Act, which provides that the U. S....more

6/4/2015 - Commercial Speech Disparagement First Amendment Lanham Act Music Redskins Trademark Trial and Appeal Board Trademarks USPTO

Cleaning Up a Trademark Damage Mess - Georgia-Pacific Consumer Prods LP v. von Drehle Corp.

In one of three parallel actions for trademark infringement involving competing paper towel manufacturers, the U.S. Court of Appeals for the Fourth Circuit examined the appropriate remedies that may be granted under the...more

5/30/2015 - Attorney's Fees Exceptional Case Georgia Pacific Injunctions Lanham Act Manufacturers Remedies Trademark Infringement Trademarks

Chuck Yeager’s Latest Suit Pulls Out of Nose Dive - Yeager et al. v. Fort Knox Security Products

Over the years, well-known aviation figure and retired United States Air Force general, Charles E. “Chuck” Yeager (Yeager) has been engaged in numerous legal disputes, including several lawsuits that Yeager has filed against...more

4/14/2015 - Celebrity Endorsements Chuck Yeager Contract Formation Endorsements Lanham Act Right of Publicity

Supreme Court: TTAB Decisions May Have Preclusive Effect in Litigation

Issuing its second trademark decision in 2015, the Supreme Court of the United States in a 7–2 decision reversed the U.S. Court of Appeals for the Eighth Circuit, concluding that an administrative ruling by the U.S. Patent...more

3/31/2015 - B&B Hardware v Hargis Industries Issue Preclusion Likelihood of Confusion SCOTUS Trademark Infringement Trademark Trial and Appeal Board Trademarks

Eleventh Circuit Clarifies “Willfulness” Standard in Copyright Infringement Actions - Olem Shoe Corp. v. Washington Shoe Corp.

In an unpublished decision, the Court of Appeals for the Eleventh Circuit clarified its standard for willful copyright infringement when it affirmed the district court’s grant of summary judgment finding that the defendants...more

3/23/2015

Is the Comic Book Character Copyright Infringement Saga Finally Over? - Stan Lee Media, Inc. v. The Walt Disney Co.

The U.S. Court of Appeals for the Tenth Circuit affirmed the district court’s dismissal of a copyright infringement complaint by an entity that has brought similar copyright ownership claims against famed comic book author...more

3/2/2015 - Appeals Copyright Copyright Infringement Disney Marvel Comics

Supreme Court Finds Trademark Tacking to Be a Jury Question - Hana Financial, Inc. vs. Hana Bank, et. al.

The Supreme Court of the United States, in a unanimous decision stated that “because the tacking inquiry operates from the perspective of the ordinary purchaser or consumer, we hold that a jury should make this...more

2/27/2015 - Hana Bank Hana Financial Hana Financial v Hana Bank Infringement Intellectual Property Litigation Jury Questions Jury Trial SCOTUS Tacking Trademark Infringement Trademark Litigation Trademarks

Supreme Court Finds Trademark Tacking to Be a Jury Question

On January 21, 2015, the Supreme Court of the United States issued a unanimous decision in Hana Financial, Inc. vs. Hana Bank, et. al., pertaining to a substantive trademark matter, namely, whether a judge or jury should...more

1/27/2015 - Doctrine of Equivalents Genuine Issue of Material Fact Hana Bank Hana Financial Hana Financial v Hana Bank Jury Questions Likelihood of Confusion SCOTUS Tacking Trademark Infringement Trademarks

First Amendment Protects Use of Third-Party’s Trademark in Video Game

Mil-Spec Monkey, Inc. v. Activision Blizzard, Inc. et al. - Confirming that video games, including customizable multi-player games, qualify as expressive works entitled to First Amendment protection, a California...more

1/19/2015 - Activision First Amendment Popular Trademark Infringement Trademarks Video Games

Supreme Court of Arizona Weighs in on the Preemption Provision of the State’s Trade Secrets Act

Orca Communications Unlimited, LLC v. Noder - The Uniform Trade Secrets Act’s (UTSA) displacement provision creates an exclusive cause of action for claims based on misappropriation of trade secrets and preempts...more

1/19/2015 - Common Law Torts Confidential Information Misappropriation Trade Secrets UTSA

Seventh Circuit Cites Petrella to Save Copyright Suit from Dismissal

Chicago Building Design, P.C., et. al. v. Mongolian House, Inc., et. al. - The U.S. Court of Appeals for the Seventh Circuit applied the Supreme Court of the United States’ May 2014 ruling in Petrella (IP Update, Vol....more

12/16/2014 - Copyright Copyright Infringement Intellectual Property Litigation Notice of Inquiry Petrella v. MGM Statute of Limitations

Privacy and Data Protection: 2014 Year in Review

In 2014, regulators around the globe issued guidelines, legislation and penalties in an effort to enhance security and control within the ever-shifting field of privacy and data protection. The Federal Trade Commission...more

12/11/2014 - Africa Anti-Spam Legislation Canada China Cybersecurity Data Protection EU EU Data Protection Laws FTC Latin America Legislative Agendas

Trademark Trial and Appeal Board Sustains Opposition on the Basis of Fraud

Nationstar Mortgage LLC v. Mujahid Ahmad - The United States Patent and Trademark Office (USPTO) Trademark Trial and Appeal Board (TTAB or Board) sustained an opposition on the basis of fraud, finding that Ahmad’s...more

11/21/2014 - Fraud Intent-to-Use Interstate Commerce Patent Trial and Appeal Board Popular Trademarks Use in Commerce USPTO

Holy Non-Infringement, Batman!

Fortres Grand Corporation v. Warner Bros. Entertainment Inc. - The U.S Court of Appeals for the Seventh Circuit affirmed the dismissal of a trademark infringement claim, finding that a real computer software product...more

10/31/2014 - Appeals Dismissals Infringement Software Trademark Litigation Trademarks Warner Brothers Entertainment

Ninth Circuit Finds Permanent Injunction Questionable Despite Trademark Infringement

La Quinta Worldwide LLC v. Q.R.T.M., S.A. De C.V., dba Quinta Real - While affirming trademark infringement with respect to a Mexican hotel chain’s use of its trademark in the United States, the U.S. Court of Appeals...more

10/31/2014 - Hotels Infringement Mexico Permanent Injunctions Trademark Litigation Trademarks

Better Describe Trade Secret If You Want to Protect It

New Castle Beverage, Inc. v. Spicy Beer Mix, Inc. - In an unpublished opinion, the Court of Appeal of the State of California’s Second Appellate District affirmed the lower court’s denial of a preliminary injunction...more

9/12/2014 - Appeals Former Employee Misappropriation Non-Disclosure Agreement Preliminary Injunctions Trade Secrets Wine & Alcohol

Sixth Circuit Affirms the Importance of Identifying Protected Elements of Copyrighted Software

Automated Solutions Corporation v. Paragon Data Systems, Inc. - The U.S. Court of Appeals for the Sixth Circuit confirmed that a party claiming infringement of copyrighted computer software must identify those...more

8/18/2014 - Copyright Copyright Infringement Software

The Eighth Circuit Weighs In on Trademark Licenses as Executory Contracts in Bankruptcy Proceedings

Lewis Bros. Bakeries, Inc. v. Interstate Brands Corp. (In re Interstate Bakeries Corp.) - An en banc panel of the U.S. Court of Appeals for the Eighth Circuit reversed an earlier ruling of the same court finding that a...more

8/14/2014 - Commercial Bankruptcy License Agreements Trademark Litigation Trademarks

Supreme Court Keeps Raging Bull Copyright Suit in the Ring

In a ruling that could potentially increase the number of copyright infringement actions, the Supreme Court of the United States has resolved a conflict among the circuits, holding that the equitable defense of laches cannot...more

5/21/2014 - Copyright Copyright Infringement Corporate Counsel MGM Petrella v. MGM SCOTUS Statute of Limitations The Copyright Act

Ninth Circuit Confirms that Trademark Cancellation Is a Remedy and Not a Cause of Action

Airs Aromatics v. Victoria’s Secret - Dismissing a trademark cancellation claim against Victoria’s Secret’s DREAM ANGELS trademarks, the U.S. Court of Appeals for the Ninth Circuit ruled that federal trademark law...more

5/19/2014 - Lanham Act Trademark Litigation Trademarks Victoria Secret

Hookah Manufacturer’s Copyright Infringement Claims Go Up in Smoke - Inhale, Inc. v. Starbuzz Tobacco, Inc.

The U.S. Court of Appeals for the Ninth Circuit affirmed a summary judgment ruling and an award of attorneys’ fees, finding that a hookah water container used for smoking tobacco was not entitled to copyright protection....more

3/7/2014 - Copyright Copyright Infringement Tobacco Litigation

The Bill Graham Show Goes On … and On - Graham-Sult v. Clainos

The U.S. Court of Appeals for the Ninth Circuit concluded that the federal district court erred in dismissing claims for copyright infringement, conversion and declaratory relief brought by the sons of the late concert...more

2/6/2014 - Anti-SLAPP Conversion Copyright Copyright Infringement Declaratory Relief Estate Planning

Google Books Is Fair Use and Provides “Significant Public Benefits” - Authors Guild, Inc. v. Google, Inc.

Since 2004, the Google Books project has scanned over 20 million books and has provided digital copies of the books to participating libraries while also creating a searchable database of books. The Google Books database...more

1/7/2014 - Copyright Fair Use Google Google Books Public Benefits

IP Update, Vol. 16, No. 6, June 2013

Patents / Patent Eligible Subject Matter - Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter -- AMP et al. v. Myriad Genetics, Inc.: In a 9–0 decision the Supreme...more

6/27/2013 - Abuse of Discretion AMP v Myriad Burden of Proof Copyright Damages DNA False Advertising First Amendment Human Genes Infringement Lanham Act Myriad Oprah Winfrey Patent Terms Patent-Eligible Subject Matter Patents Permanent Injunctions SCOTUS Time Warner Trade Secrets Trademarks USPTO Willful Infringement

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