Law School Toolbox Podcast Episode 406: Listen and Learn -- Defenses to a Crime
Voluntary Payment Doctrine
Making Effective Use of the Claims/Disputes Process
FCPA Compliance and Ethics Report-Episode 12 with David Simon and Bill Athanas on adding a compliance defense to the FCPA
There are two sure-fire ways to maximize the chances that a consumer survey gets bounced out of federal court: (1) surveying the wrong people; and (2) leading them to a desired “correct” answer. Both of these survey maladies...more
We have previously written about the trademark dispute between Vortic - a watchmaker that restores antique pocket watches, and converts them into wrist watches - and the venerated Hamilton Watch Company, which produced its...more
The Northern District of California concluded last week that Constellation Brands has the exclusive right to use the TO KALON and TO KALON VINEYARD marks on wine, and that The Vineyard House, LLC (TVH) “cannot use the term in...more
A bong distributor with a reputation as a serial trademark plaintiff managed to persuade a Florida federal court that it should not be on the hook for the prevailing party’s attorney’s fees. In Sream Inc. et al. v. CIJ...more
The “soft” IP world is looking forward to rulings in six trademark and copyright cases this term, far more than in recent years, and all of which address points of uncertainty that will impact trademark and copyright...more
Main Quest: Does Your Gaming Stream Violate the Copyright Act? Streaming platforms, such as Twitch, Mixer and YouTube Gaming, are quickly becoming household names, with daily viewership rates that rival those of more...more
No Personal Jurisdiction Over French Manufacturer of Allegedly Defective Component Incorporated into Product Sold by Different Manufacturer....more
If a defendant in a trademark case uses the plaintiff’s trademark, not to identify the defendant’s own products, but rather to refer accurately to the plaintiff’s products, is that trademark infringement? Called “nominative...more
The Second Circuit disagrees with sister circuits and rejects arguments that nominative fair use is an affirmative defense that is available even when confusion is likely and that the traditional nominative fair use analysis...more
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. Letter From the Editor - Fashion Week has come and...more