Communications & Media Intellectual Property Civil Remedies

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The Second Circuit Re-Visits Dawn Donut and the Geographic Scope of Injunctive Relief in Trademark Cases

More than half a century ago, the Court of Appeals for the Second Circuit issued an influential decision in Dawn Donut Co. v. Hart’s Food Stores, Inc., concerning the proper scope of injunctive relief in a trademark...more

U.S. Supreme Court Clarifies Standard for Awarding Attorneys’ Fees to Successful Copyright Litigants.

On June 16, 2016, the U.S. Supreme Court in a unanimous decision, clarified the standard for awarding attorneys’ fees under the Copyright Act. This is the second time the case of Kirtsaeng v. John Wiley & Sons, Inc, No....more

Righting Copyright Wrongs Remains Elusive – Kirtsaeng Leaves Fee Awards to District Court Discretion

On June 16, the U.S. Supreme Court’s decision in Kirtsaeng v. John Wiley & Sons Inc., No. 15-375, resolved a circuit court split by reaffirming the test district courts should use to determine whether to award attorney’s fees...more

Design Patents and Trade Dress

I often get asked by clients to discuss the differences between design patents and trade dress. Both are intellectual property protections that protect similar aspects of a product—the appearance and aesthetic features. Last...more

Craigslist Files Another Suit against Data Scraper

For years, craigslist has aggressively used technological and legal methods to prevent unauthorized parties from scraping, linking to or accessing user postings for their own commercial purposes. In a prior post, we briefly...more

Copyright and Trademark Case Review: Sibling Rivalry, Grilled Meat and Attorneys' Fees

Copyright Opinions - Sixth Circuit Upholds Siblings' Termination of Brother's Copyright Assignment: Brumley v. Albert E. Brumley & Sons, Inc., No. 15-5429 (6th Cir. May 16, 2016) - Sutton, J. In a declaratory...more

Sorry Beliebers, But Justin Bieber Has Been Sued For Copyright Infringement.

Justin Bieber is headed to the land of the Grand Ole Opry. Not for concertizing, but for plagiarizing. Allegedly. On May 26, 2016, “the Biebs” was sued in the U.S. District Court for the Middle District of Tennessee for...more

Southern District Still Screams For Ice Cream – And Attorneys’ Fees – In Master Softee Trademark Dispute

Memorial Day weekend is coming, marking the unofficial start of summer. The Southern District of New York has marked the occasion by entering a judgment for attorneys’ fees and costs against Mister Softee copycat, Master...more

Tyson Foods Knocks It Out of the Park in Lanham Act Dispute over Hot Dogs

Baseball parks and hot dogs are staples of Americana. So, it is no surprise that both were recently on display in a Lanham Act dispute in the U.S. District Court for the Eastern District of Pennsylvania. The court’s...more

What You Need to Know About the Federal Defend Trade Secrets Act of 2016

President Obama is expected to sign the Defend Trade Secrets Act of 2016 (DTSA), which was passed by Congress at the end of April 2016. This law could impact your property protection, litigation and employment law strategies....more

What Happens in the U.S. Stays in the U.S.: IP Dispute Against Canadian Company Will Not be Moved to Canadian Forum

Although motions to dismiss or transfer a case based on a forum non conveniens theory typically focus on the relative merits of two U.S. jurisdictions, this theory may also be applied when a party claims that a case brought...more

Abstract Ideas Cannot be Permitted to Burden the "Basic Tools of Modern-Day Commercial and Social Interaction"

In a case originally filed in 2012, Judge Amy Totenberg granted Judgment on the Pleadings in favor of United Parcel Service, Inc. (“UPS”), and against Mobile Telecommunications Technologies, LLC (“MTel”), relating to U.S....more

Hulk Hogan Wins Big Verdict

In what might be a cautionary tale of the privacy risks for organizations who do business in buying and selling information, last Friday, a Florida jury awarded Hulk Hogan, whose true name is Terry Bollea, $115 Million in...more

When the cost of default is $1.2 million | World Trademark Review

In Neutron Depot, LLC v Bankrate Inc the US District Court for the Southern District of Texas entered judgment in plaintiff Neutron Depot’s favour, enjoining defendant Insurance Depot Marketing Corporation from any activity...more

Adidas To Trademark Competitors: ‘Two Stripes, You’re Out’

Last month, a U.S. district court in Oregon granted Adidas’ motion for a preliminary injunction against U.S. footwear company Sketchers USA Inc., blocking Sketchers from selling, among other sneakers, a 3-stripe sneaker...more

The Glee decision: Court of Appeal rules in favour of UK comedy club over 20th Century Fox

The Court of Appeal has upheld a High Court ruling of 2014 that Twentieth Century Fox’s (“Fox”) “glee” television series infringed Comic Enterprises Ltd’s (“Comic”) trade mark for “the glee CLUB”. A parallel claim in the High...more

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

Trying to Outhustle a Permanent Injunction (LFP IP, LLC v. Hustler Cincinnati, Inc.)

Addressing the issue of modifying a permanent injunction for trademark infringement, the Court of Appeals for the Sixth Circuit held that an injunction may be modified if it is no longer “achieving its principal objects,” due...more

CBS Broadcasting Inc. v. FilmOn.com, Inc. (USCA, Second Circuit, February 16, 2016 )

Second Circuit affirms district court order finding Internet-based television provider FilmOn violated consent order and permanent injunction by distributing plaintiff television networks’ copyrighted content without...more

Russia’s Primary Social Network in Hot Water Again Over Failure to Police Infringement

Russia’s Facebook, vKontakte, is under fire for its allegedly poor handling of pervasive copyright infringement on its platform (literally translated from Russian, “v kontakte” means “in contact”). The Association for the...more

Intellectual Property Newsletter - January/February 2016

2015 U.S. Trademark Developments Every Food and Beverage Lawyer Should Know - In 2015, U.S. courts provided trademark practitioners with several issues to discuss and debate. Identified and summarized below are the top...more

Thinking of Sending a Cease and Desist Letter? Judge Rakoff Has Some Advice About the Declaratory Judgment Risk

A recent decision in federal court in New York serves both as a cautionary tale to companies looking to defend their trademarks and an important reminder to any company about to launch a new product under threat of an...more

Virtual Learning: The Scope of Preemption Under the California Uniform Trade Secrets Act

Companies seeking protection under the California Uniform Trade Secrets Act (“CUTSA”) should consider the effects of CUTSA preemption on their litigation strategy. Under the well-known Silvaco Data System v. Intel Corporation...more

2015 U.S. Trademark Developments Every Food and Beverage Lawyer Should Know

In 2015, U.S. courts provided trademark practitioners with several issues to discuss and debate. Identified and summarized below are the top five most discussed issues....more

Black Ops Mission Accomplished by Federal Trademark Registration

A recent district court decision granting a preliminary injunction in The Brooklyn Brewery Corp. v. Black Ops Brewing, Inc. demonstrates the advantage of owning a federal trademark registration when products bearing the...more

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