A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."
Trademark Series: Use-based trademark protection
Trademark Series: Protecting your mark from becoming generic
Trademark Series: Matching your commercial strategy
Trademark Series: Building a global brand
Video Game Lawsuit Highlights Intellectual Property Issues with Internet Memes
The Ska / DuClaw Trademark Dispute Over EUPHORIA, Trademark Lessons for the Craft Brewer
gTLD Update for February 2013
After Trademark Ruling, Yankees are Officially "The Evil Empire"
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How Far Can You Take a Twitter Parody Account?
Supreme Court Upholds Nike’s “Sue and Run” Tactic in Defending Trademarked Shoe Design
Corporate Law Report: Economic Espionage Act, Top FCPA Enforcement Actions, Trademark Audits, and More
Registering Trademarks & Copyrights with U.S. Customs
In This Issue: Firm News: ..Quinn Emanuel to Open Sydney Office ..Firm Expands Mass Torts and Products Liability Practice ..Susheel Kirpalani Named a 2012 “Dealmaker of the Year” by The American...more
Lynda Zadra-Symes is a litigation partner in the Orange County, Calif., office of Knobbe Martens Olson & Bear LLP. She represents clients through all stages of U.S. litigation, from presuits through trial and appeal, in...more
In This Issue: - In The ITC: ..The Public Interest Factors – NEWEST PATENT TROLL COUNTERMEASURE? ..ITC or District Court? Look at the Math - The New gTLDs And The Trademark Clearinghouse: Four Tips...more
Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies: Bowman v. Monsanto Co. - In a narrow ruling that reaffirms the scope of patent protection over seeds, and possibly over other...more
On January 9, 2013, the Supreme Court issued its opinion in Already, LLC v. Nike, Inc., holding that a broad covenant not to enforce a trademark against certain products of a competitor moots the competitor’s action to...more
A copyright affords the copyright owner with “exclusive rights”. One such right is “to distribute… copies of [a] copyrighted work”under 17 U.S.C. § 106(3). Under the first sale doctrine, “The owner of a particular...more
In This Issue: - Firm News: DoJ Star Healthcare Fraud Prosecutor Joins Washington, D.C. Office; and Quinn Emanuel Wins Top Honors at the Inaugural U.S. Benchmark Annual Awards - Main...more
In This Bulletin: - Just Moot It: Supreme Court in Already v. Nike Clarifies When a Covenant Not to Sue Can Kill a Declaratory Judgment Case - Murky Waters: Post-Approval Regulatory Activities and the §...more
In this issue: - The Time Is Here: Protecting Your Brands Against New Top-Level Domain Names - Kirtsaeng v. John Wiley & Sons, Inc.: Supreme Court Holds that the First Sale Doctrine Applies Regardless of Where a...more
In This Issue: - AMERICA INVENTS ACT FINAL IMPLEMENTATION: FROM FIRST-TO-INVENT TO FIRST-TO-FILE: The America Invents Act (“AIA”), which went into effect September 16, 2011, introduces some of the most...more
A multi-year legal drama over the proper scope of certain sections of the U.S. Copyright Act, as applied to goods made and first sold outside the United States, has finally come to an end. In a 6-3 decision issued yesterday,...more
Table of Contents: *I. U.S. Supreme Court - A. Trademarks *II. U.S. Courts of Appeal - A. Patents - B. Copyrights - C. Copyrights/Criminal - D. Trademarks - E. Trademarks/Unfair...more
In This Issue: - Supreme Court Affirms Dismissal Based on Nike's Broad Covenant Not to Sue - Hershey Cannot Kiss SWISSKISS Chocolates Goodbye - Luulemon's Design Mark is Rejected as Merely...more
In This Issue: Patents - Supreme Court: State Court Has Jurisdiction over a Legal Malpractice Claim; Nothing Non-Obvious About Applying Pre-Existing Technology to the Internet; The Federal Circuit Is Not the Place...more
Brand owner's broad covenant not to sue may render invalidity counterclaims moot. On January 9, the U.S. Supreme Court in Already, LLC v. Nike, Inc. held that a plaintiff trademark owner's dismissal of its infringement...more
The Supreme Court recently ruled that Nike employing what some have called a “sue and run” tactic by engaging shoemaker Already in a trademark dispute then bailing with a “covenant not to sue” was indeed legal. Though Nike...more
Last week, in Already, LLC v. Nike, Inc. (opinion attached), the Supreme Court unanimously decided that the voluntary cessation doctrine, most often used when a defendant claims its voluntary compliance moots a case where it...more
The United States Supreme Court, which rarely gets involved in trademark cases, has ruled that when a Defendant in a Trademark infringement case countersues to cancel the Plaintiff’s registration, the Plaintiff can divest a...more
In 2007, the Supreme Court in MedImmune v. Genentech broadened the scope of declaratory judgment jurisdiction, making it easier for parties fearing IP claims to bring defensive lawsuits. Last week, the Court made it easier...more
In Already, LLC v. Nike, Inc., the Supreme Court of the United States ruled that the trademark plaintiff’s voluntary dismissal of its infringement suit, together with a covenant not to sue, deprived the district court of...more
In a unanimous decision issued in Already, LLC d/b/a/ Yums v. Nike (No. 11-982, January 9, 2013), the Supreme Court held that a plaintiff’s dismissal of a trademark infringement case, combined with a broad covenant not to...more
In an important intellectual property ruling likely to affect patent law as much as trademark law, the U.S. Supreme Court issued its opinion in Already, LLC v. Nike, Inc., No. 11-982 (U.S. Jan. 9, 2013), unanimously holding...more
Nike, having sued competitor Already LLC for infringing its marks, later issued a covenant not to sue to Already and sought to dismiss the case. Defendant Already, however, had filed a counterclaim seeking a declaration that...more
Not every day does the United States Supreme Court weigh in on a topic impacting the trademark world, but it did so yesterday in Already, LLC v. Nike, Inc., a case illustrating what can happen when a trademark plaintiff wants...more
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