Akerman LLP - Marks, Works & Secrets

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Firm Profile: Akerman LLP
Three Brickell City Centre
98 Southeast Seventh Street
Miami, FL 33131, United States
Contact: Michael D. Switzer, Intellectual Property Practice Group Co-Chair
Phone: 305.374.5600
Fax: 305.374.5095
Areas of Practice
  • Antitrust & Trade Regulation
  • Art, Entertainment, & Sports Law
  • Intellectual Property
  • Science, Computers, & Tech
Locations
Other U.S. Locations
  • California
  • Colorado
  • D.C.
  • Florida
  • Illinois
  • Nevada
  • New York
  • Texas
  • Utah
  • Virginia
  • Wisconsin
Number of Attorneys
400+ Attorneys

No Twist on Pretzel Crisps on Remand

In a 54 page decision issued on September 6, 2017, the Trademark Trial and Appeal Board (the “Board”) ended (again) a long-standing dispute between snack food makers Frito-Lay, Inc. (“Frito”) and Princeton Vanguard, LLC…more
 /  Administrative Law, Commercial Law & Contracts, Intellectual Property

Supreme Court: Disparaging Speech Protected By First Amendment Lanham Section 2(a) Unconstitutional: A Win for the Slants and the Skins

In a unanimous (albeit fractured) decision written by Justice Alito, the United States Supreme struck down a provision of the Lanham (Trademark) Act barring registration of “disparaging” trademarks, handing a victory to…more
 /  Art, Entertainment, & Sports Law, Constitutional Law, Intellectual Property

Application or Registration? Eleventh Circuit Widens Circuit Split

The Eleventh Circuit has widened the circuit split on whether a copyright application or completed registration is required before filing a copyright infringement lawsuit. In Fourth Estate Public Benefit v. Wall-Street.com, the…more
 /  Intellectual Property

Laches Limited To Being An Equitable Defense In Patent Cases

In SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, the Supreme Court made plain that laches is merely an equitable defense in patent cases, and will not bar a damage claim if brought within the six year…more
 /  Civil Procedure, Intellectual Property

Supreme Court Affirms That Designs Of Cheerleading Uniforms Are Copyrightable

As we previously blogged, the Sixth Circuit held in 2015, that the colors, stripes, chevrons, and similar graphic designs of the plaintiff’s cheerleading uniforms “are copyrightable pictorial, graphic, or sculptural works” and…more
 /  Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

The Yellow Pages Live On

Calling the district court’s action an “abuse of discretion,” the 11th Circuit reversed a decision that cut by more than 90 percent a successful copyright infringement plaintiff’s request for attorney’s fees and costs. Yellow…more
 /  Art, Entertainment, & Sports Law, Civil Procedure, Civil Remedies, Communications & Media Law, Intellectual Property

Making United States Consumer Safer For Tequila?

The United States Patent and Trademark Office, Trademark Trial and Appeal Board (the “Board”) recently dismissed Luxco, Inc.’s (“Luxco”) opposition to registration of the mark TEQUILA (in standard character format) by an…more
 /  Administrative Law, Commercial Law & Contracts, Intellectual Property

The New Joint DOJ/FTC Antitrust Guidelines for the Licensing of Intellectual Property

On January 12, 2017, the U.S. Department of Justice and the Federal Trade Commission released updated Antitrust Guidelines for the Licensing of Intellectual Property (the “Guidelines”). These Guidelines replaced those issued on…more
 /  Antitrust & Trade Regulation, Consumer Protection, Intellectual Property

Making Tequila and Pisco Shots Safe From Confusion

The United States Patent and Trademark Office, Trademark Trial and Appeal Board (the “Board”) cancelled the registration for the mark PORTÓN last week, finding it to be confusingly similar to the senior mark PATRÓN. Patrón…more
 /  Administrative Law, Commercial Law & Contracts, Intellectual Property

A Family Victory! Victory! Just Not for Little Caesars

The United States Patent and Trademark Office, Trademark Trial and Appeal Board (the “Board”) modified its treatment of the “family of trademarks” doctrine in the recent case In re LC Trademarks, Inc., Serial No. 85890412…more
 /  Administrative Law, Franchise Law, Intellectual Property, Science, Computers, & Technology

NY Common Law Does Not Provide Creators With Control Over Public Performances of Pre-1972 Sound Recordings

On December 20, 2016, the New York Court of Appeals (New York’s highest court) issued a landmark state copyright law decision, holding in response to a certified question from the Second Circuit in Flo & Eddie, Inc. v. Sirius XM…more
 /  Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Intellectual Property

First Circuit BAP Protects Trademark Licensees In Bankruptcy Despite Section 365(n)

The First Circuit recently issued an important interpretation of bankruptcy law that directly impacts trademark licensing rights. In In re Tempnology LLC, 559 B.R. 809 (1st Cir. BAP 2016), the First Circuit Bankruptcy Appellate…more
 /  Bankruptcy, Civil Procedure, Commercial Law & Contracts, Intellectual Property

Supreme Court Denies Cert To Review 2d Cir. Stoli Decision

The Supreme Court denied review of the 2d Circuit decision on the Stolichnaya trademark…more
 /  Civil Procedure, Commercial Law & Contracts, Intellectual Property

Supreme Court Rejects Effort By Redskins to Join Slants

The Supreme Court rejected the effort by the Washington Redskins to skip the 4th Circuit and Join the hearing of the USPTO appeal of the SLANTS case…more
 /  Art, Entertainment, & Sports Law, Civil Procedure, Constitutional Law, Intellectual Property

Supreme Court Grants Cert. in USPTO Appeal of Slants Decision: Whether The Ban On Offensive Trademarks Violates The First Amendment

The Supreme Court granted the United States Patent and Trademark Office’s petition for certiorari in In re Tam, 117 USPQ2d 1101 (Fed. Cir. 2016). In that case, the USPTO denied registration of an application to register the…more
 /  Administrative Law, Art, Entertainment, & Sports Law, Civil Procedure, Constitutional Law, Intellectual Property
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