Sarah Bro

Sarah Bro

McDermott Will & Emery

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Use of Rule 45 Subpoenas in TTAB Proceedings

The US Court of Appeals for the 10th Circuit clarified the proper discovery procedures for a Rule 45 subpoena to compel a nonparty to produce documents in a trademark dispute before the US Patent and Trademark Office (PTO)...more

9/9/2016 - Appeals Federal Rules of Civil Procedure Motion to Quash Protective Orders PTO Rule 45 Subpoenas Trademark Trial and Appeal Board Trademarks USPTO

Burning Man Bus Not a Protected Work of Visual Art Under VARA

The US Court of Appeals for the Ninth Circuit affirmed the judgment of a Nevada district court when it determined that the Visual Artists Rights Act (VARA) of the US Copyright Act did not apply to a used school bus that had...more

8/3/2016 - Appeals Applied Art Art Burning Man Conversion Summary Judgment The Copyright Act Visual Artists Rights Act (VARA)

“Churrascos” Is Generic for Restaurant Services

On appeal from the Trademark Trial and Appeal Board (TTAB), the US Court of Appeals for the Federal Circuit affirmed the TTAB’s refusal to register a stylized form of the mark CHURRASCOS for restaurant services, finding that...more

7/9/2016 - Appeals Generic Restaurant Industry Trademark Application Trademark Litigation Trademark Registration Trademark Trial and Appeal Board Trademarks

First Amendment Prevents Right of Publicity Claim Arising from Film About “Issues of a Public Nature” - Sgt. Jeffrey S. Sarver v....

In a lawsuit involving the 2010 Oscar-winning film The Hurt Locker, the US Court of Appeals for the Ninth Circuit held that right of publicity claims arising from expressive works, including films, are in essence...more

4/11/2016 - Anti-SLAPP Film Industry First Amendment Free Speech Right of Publicity

International News: Focus on Real Estate - April 2016

New UK Requirement to Publish Annual Slavery and Human Trafficking Statement - The United Kingdom’s Modern Slavery Act 2015 requires large commercial organisations operating in the United Kingdom to publish a “slavery...more

4/6/2016 - Annulment Antitrust Litigation Business Interruption EU European Commission FinCEN Germany Human Trafficking International Trademark Protection Modern Slavery Act Real Estate Market Trademarks UK

Re-Registration of a Domain Name Constitutes “Registration” Under the ACPA (Jysk Bed’N Linen, Inc. v. Monosij Dutta-Roy)

The U.S. Court of Appeals for the Eleventh Circuit affirmed a district court ruling imposing a mandatory injunction requiring transfer of certain domain names to the trademark rights holder. Jysk Bed’N Linen, Inc. v. Monosij...more

3/3/2016 - ACPA Cybersquatting Domain Names Injunctions Trademark Registration Trademarks

Disparagement Proscription of § 2(a) Is Unconstitutional - In re Simon Shiao Tam

In the last several decades, the disparagement provision of § 2(a) of the Lanham Act has become a more frequent basis for rejection or cancellation of trademarks by the United States Patent and Trademark Office (PTO) and the...more

2/19/2016 - Disparagement En Banc Review First Amendment Free Speech Lanham Act Redskins Trademark Application Trademark Registration USPTO

Federal Circuit: Disparagement Proscription of § 2(a) of the Lanham Act Unconstitutional

In the last several decades, the disparagement provision of § 2(a) of the Lanham Act has become a more frequent basis for rejection or cancellation of trademarks by the United States Patent and Trademark Office (USPTO) and...more

12/29/2015 - Disparagement En Banc Review First Amendment Lanham Act Redskins Trademark Cancellation Trademark Registration

Ninth Circuit Does an About-Face in Military Watch Trademark Dispute - Multi Time Machine, Inc. v. Amazon.com, Inc.

The U.S. Court of Appeals for the Ninth Circuit previously found that a jury could potentially find that online retailer Amazon.com created a likelihood of consumer confusion with the format of its product search returns when...more

12/14/2015 - Amazon Internet Retailers Labeling Likelihood of Confusion Petition For Rehearing Trademarks

Grrrr . . . Paw Print Trademarks Can Co-Exist - Jack Wolfskin Ausrustung Fur Draussen GmbH & Company KGAA v. New Millennium...

On appeal from the Trademark Trial and Appeal Board (TTAB or Board), the U.S. Court of Appeals for the Federal Circuit reversed the Board’s decision on the issue of likelihood of confusion with regard to two parties’ paw...more

10/8/2015 - Abandonment Intellectual Property Protection Likelihood of Confusion Third-Party Trademark Application Trademark Litigation Trademark Registration Trademark Trial and Appeal Board Trademarks USPTO

Do Amazon.com’s Search Results Constitute Trademark Infringement? - Multi Time Machine, Inc. v. Amazon.com, Inc.

Holding that a reasonable jury could find that online retailer created a likelihood of consumer confusion through the format of its product search returns, the U.S. Court of Appeals for the Ninth Circuit reversed the district...more

9/10/2015 - Amazon Likelihood of Confusion Remand Reversal Summary Judgment Trademark Infringement Trademark Litigation Trademarks

No Copyright in Individual Contributions to a Film - 16 Casa Duse, LLC v. Merkin

Citing the U.S. Court of Appeals Ninth Circuit’s recent en banc decision in Garcia v. Google (IP Update, Vol. 18, No. 6), the United States Court of Appeals for the Second Circuit affirmed a summary judgment ruling that...more

8/11/2015 - Appeals Authorship Cease and Desist Orders Copyright Copyright Infringement Copyright Litigation Film Industry Garcia v Google Intellectual Property Protection Preliminary Injunctions Summary Judgment The Copyright Act Work-For-Hire

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 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

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