Infringement

News & Analysis as of

From Runway to Replica: Intellectual Property Strategies for Protecting Fashion Designs

Designers like Alexander Wang, Rebecca Minkoff, and Michael Kors are all gearing up to premier their 2016 fall/winter collections this month during New York Fashion Week. Fashion Week draws more than 230,000 attendees each...more

The ITC Tries an En Banc Shot to Redefine Its Regulatory Authority

In our recent post, Living in a Nonmaterial World: Determining IP Rights for Digital Data, we discussed the potential impact of the Federal Circuit decision in ClearCorrect v. ITC, 2014-1527, in which the appeals court held...more

Wait… Did you say jail time for trademark infringement?

Imprisonment in intellectual property infringement cases is rare - although not unheard of. The message from a recent Canadian Federal Court decision is… don’t mess with the Court. They expect compliance with their orders and...more

The Internet of Things: Evaluating the Interplay of Interoperability, Industry Standards and Related IP Licensing Approaches

The financial impact of the Internet of Things on the global economy will be significantly affected by interoperability. A 2015 McKinsey Global Institute report indicated that, “[on] average, interoperability is necessary to...more

[Webinar] Protecting Intellectual Property in Supply Chains: New Approaches and Initiatives - Feb. 11th, 5:00pm, CET

Fragmented, far-flung supply chains put valuable intellectual property (IP) at risk: counterfeits parts and counterfeits can enter legitimate supply chains, trade secrets can be compromised, and designs can be copied. For...more

IP developments in Greater China

2015 was a year of significant change in the intellectual property (IP) field, with China redoubling its efforts to tackle counterfeit goods, long-awaited and controversial legislative amendments being debated in Hong Kong...more

Printing Infringement: Are 3-D Printers the Next Napster?

Happy 2016! I hope everyone had a fun and festive new year celebration. As for me, I’ll be spending my three-day weekend tinkering with this...more

The Value of Integrated IP Protections and Enforcement Strategies to Stem the Importation of Counterfeit Goods (Part 1)

In today’s world of rapidly changing products, as well as what seems to be an ever increasing number of ways to produce counterfeit and/or infringing products, manufacturers need to be proactive in preventing and stopping...more

General Court Delivers Early Christmas Gift to the Airline Industry and a Lump of Coal to the European Commission

On December 16, 2015, the General Court (GC) sent a message of unprecedented magnitude in the field of European cartels by annulling a decision from the European Commission (EC) that imposed fines of approximately €790...more

B&B Hardware – District Courts Consider Impact on Both Trademark and Patent Litigation

In B&B Hardware v. Hargis Industries, the Supreme Court held that, under some circumstances, determinations by the USPTO Trademark Trial and Appeal Board could have preclusive effect in subsequent federal court litigation...more

The Other Border Patrol

With all the flaming rhetoric going on these days relating to immigration, refugees, and border fences, I thought now might be a good time to introduce (or reintroduce) the world to a heavy hitter in the intellectual property...more

Federal Circuit’s ClearCorrect ruling impacts ITC ability to police 3D printing and other disputes involving digital data...

The ITC does not have jurisdiction over digital data transmitted into the United States from abroad, according to a recent Federal Circuit ruling related to 3D printing....more

Motions To Amend Judgments On Anticipation And Infringement Are Denied

During trial the orally court granted plaintiffs motion for judgment of partial findings on lack of anticipation and indefiniteness. It further ruled in favor of plaintiffs finding that “fesoterodine” includes the salt form...more

ITC Powerless to Block Importation of Infringing Digital Files

The Federal Circuit held that the U.S. International Trade Commission (“ITC”) could not block the import of infringing digital files because the ITC lacked jurisdiction. According to the Federal Circuit, the term “articles”...more

One Man’s Trash Is Another Man’s Trade Secret? Idaho Supreme Court Rules Against Appellant Waste Disposal Company In Bid to...

In a case more notable for the fact that it reached Idaho’s Supreme Court than the final decision, the lower court’s dismissal of the plaintiff waste disposal company’s misappropriation of trade secrets claim was affirmed....more

Alert: UK Consumer Rights Act Ushers in New Era for Competition Litigation

The UK Consumer Rights Act 2015 (CRA) entered into force on 1 October. As well as amending a number of aspects of consumer protection law, the CRA implements sweeping reforms of the private competition litigation regime in...more

Second Circuit Affirms District Court Decision To Compel Arbitration In Patent Infringement Battle Between LG And WI-LAN

A Second Circuit 3-judge panel affirmed a district court decision denying a request for declaratory and injunctive relief while subsequently compelling arbitration in a licensing infringement suit. On appeal, LG Electronics,...more

Common IP pitfalls every business can avoid

As a business owner or manager, you have probably experienced or at least heard about costly and disruptive intellectual property infringement lawsuits. You may also be very concerned about protecting your company’s customer...more

Consumer Rights Act 2015: Private Actions for Breaches of Competition Law – Overview of the New Regime

The entry into force of the Consumer Rights Act 2015 (“CRA15”) on 1 October 2015 sees the overhaul of the private enforcement regime in England & Wales. The CRA15, which amends both the Competition Act 1998 and the Enterprise...more

New UK Class Action Regime: What Do You Need To Know?

New class action procedures will come into force in just four days’ time on 1 October. These will make the UK a more attractive forum for potential claimants and are likely to lead to an increase in the number of class...more

Tiffany & Company v. Costco Wholesale: Tiffany is far from Generic

On September 9, 2015, the United States District Court for the Southern District of New York ruled that Costco was willfully infringing Tiffany & Co.’s trademarks by selling diamond engagement rings bearing the renowned...more

Adidas Means Business: Sues Skechers for Copycat Sneakers

Just coming off the heels of the lawsuit it filed against Marc by Marc Jacobs on April 8, 2015, adidas America, Inc., adidas AG, and adidas International Marketing B.V. (collectively, “adidas”) filed suit against Skechers...more

Strange Bedfellows: Technology Issues in Real Estate Transactions, Part 1

Technology continues to infuse our homes, businesses, and places of employment. For example, the “Internet of Things” – as it is sometimes called – brings a lot of promise to a wide variety of industries and sectors,...more

A Preview of the CFAA Arguments in United States v. Nosal, Part II: Could “Phishing” be a Factor?

Oral arguments for the next round in United States v. Nosal have been set for October 20, 2015 at the Ninth Circuit in San Francisco. So we figured it may be a good time to review both sides’ arguments related to the...more

Federal Circuit authorizes ITC to bar imports that may or may not be used to infringe

On August 10, 2015, the Federal Circuit extended the reach of the ITC to cover accused articles that do not directly infringe when coming into the country through customs, but are later made or used to directly infringe a...more

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