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SCOTUS and the Slants: Disparagement Proscription of § 2(A) of the Lanham Act Unconstitutional

A unanimous decision from the Supreme Court of the United States in Matal v. Tam affirmed an en banc panel of the Federal Circuit and found the disparagement clause of the Lanham Act to be facially unconstitutional under the...more

“Raging Bull” and the Patent Act: Laches Still Available in Patent Cases - SCA Hygiene Products AB et al. v. First Quality Baby...

The U.S. Court of Appeals for the Federal Circuit convened an en banc panel to examine the Supreme Court’s “Raging Bull” decision in Petrella v. Metro-Goldwyn-Mayer, Inc. in the context of deciding whether laches remains a...more

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

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

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

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

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

“First Sale” Doctrine Applies to Works Lawfully Made Abroad and Imported to the United States

In a decision that may significantly impact international production and distribution practices for copyrighted works, the Supreme Court of the United States on Tuesday found that the Copyright Act’s first sale doctrine was...more

IP Update, Vol. 16, No. 2, -- February 2013

In This Issue: Patents - Supreme Court: State Court Has Jurisdiction over a Legal Malpractice Claim; Nothing Non-Obvious About Applying Pre-Existing Technology to the Internet; The Federal Circuit Is Not the...more

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