Sarah Bro

Sarah Bro

McDermott Will & Emery

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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

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

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

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

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

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

IP Update, Vol. 16, No. 4, April 2013

Obviousness-Type Double Patenting May Exist When There Is Neither Common Ownership nor Common Inventorship - Addressing an obviousness-type double patenting rejection, the U.S. Court of Appeals for the Federal Circuit...more

4/30/2013 - Affidavits Claim Construction Copyright Copyright Infringement Discovery DMCA Infringement Patents Prior Art Safe Harbors Trademarks USPTO

IP Update, Vol. 16, No. 3, March 2013

In This Issue: Supreme Court - Supreme Court Finds That “First Sale” Doctrine Applies to Works Patents - Joint Actors as It Relates to Method Claim Infringement; Federal Circuit Ruling Clears Way...more

3/29/2013 - America Invents Act Covered Business Method Patents Doctrine of Equivalents First Sale Doctrine Generic Drugs Patent Reform Patents Trademarks

IP Update, Vol. 15, No. 12, December 2012

In This Issue: Patents - ..Federal Circuit Rules It’s Own Standards Apply When Considering Preliminary Injunctions ..Preliminary Testing of Medical Devices in Animals Enables Their Use in...more

12/28/2012 - America Invents Act Claim Construction Competition Copyright Infringement ITC Obviousness Patent Assertion Entities Patent Reform Patents Pay-For-Delay Permanent Injunctions Preliminary Injunctions Reissue Patents Restitution Trade Secrets Trademarks Walker Process Claims

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