Trademarks, SCOTUS, Patents

Supreme Court Asked to Clarify Activities that Give Rise to Specific Personal Jurisdiction

Snell & Wilmer on 5/8/2024

In Impossible X LLC v. Impossible Foods Inc., Impossible Foods recently filed an opposition to Impossible X’s petition for certiorari, which asks the Supreme Court to decide (1) whether some disputes should require so-called...more

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition)

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/9/2024

2023 saw a return to business as usual for the Federal Circuit. Oral arguments are once again in-person and open to the public, and the Court has resumed its former practice of holding occasional sittings outside of...more

MarkIt to Market® - May 2023

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 6/1/2023

Thank you for reading the May 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Taco Bell's attempt to cancel two TACO TUESDAY trademark registrations, and a precedential TTAB decision...more

Intellectual Property Law: Looking Forward to 2023

Cadwalader, Wickersham & Taft LLP on 12/16/2022

With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023. Below are some of...more

SCOTUS Catches IP Fever

Seyfarth Shaw LLP on 11/8/2022

The U.S. Supreme Court recently granted certiorari for two intellectual property cases—one relating to patents and another for trademarks....more

Intellectual Property Bulletin - Summer 2022

Fenwick & West LLP on 8/9/2022

In This Issue - Transformative Fair Use: Does Andy Warhol Qualify? On March 28, 2022, the Supreme Court granted certiorari in Andy Warhol Foundation v. Goldsmith, a case concerning whether Andy Warhol’s use of Lynn...more

Intellectual Property Bulletin - Fall 2020

Fenwick & West LLP on 12/1/2020

In This Issue - The Evolving Relationship Between Brands and Athletes: What Comes Next - The dominance of social media allows individuals, including athletes and other influencers, to build their personal brand within the...more

IP Litigation Quarterly Update

Miller Canfield on 7/21/2020

In the second quarter of 2020, the Supreme Court decided five intellectual property focused cases in which it resolved a longstanding circuit split in Romag Fasteners and opened the door to the trademark registration of...more

The Katten Kattwalk | Issue 21

Katten Muchin Rosenman LLP on 6/12/2020

SCOTUS Confirms Willful Infringement Not Required to Award Trademark Profits - On April 23, the United States Supreme Court unanimously ruled that a plaintiff can win a profits remedy without showing that the defendant...more

Intellectual Property Bulletin - Spring 2020

Fenwick & West LLP on 4/26/2020

In This Issue - How COVID-19 is Changing IP Law – What You Need to Know The rapid spread of COVID-19 brought about massive global events that led to a dizzying array of changes—including in intellectual property law,...more

U.S. Supreme Court Obliterates Willfulness Precondition For Profits Award In Trademark Cases

Fox Rothschild LLP on 4/24/2020

In a big win for brand owners, the U.S. Supreme Court has ruled that the plaintiff in a trademark infringement claim is not required to prove willfulness when seeking an award of the defendant's profits under Section 1117(a)...more

McNees 2019 in Review – Trademarks, Copyrights and Patents

McNees Wallace & Nurick LLC on 1/7/2020

From Supreme Court headlines, to big brand disputes, to the year of cautionary tales, 2019 proved to be another remarkable year for intellectual property law. With so many notable developments in trademark, copyright, and...more

Cert. Roundup

Akerman LLP - Marks, Works & Secrets on 12/5/2019

The American Bar Association (“ABA”) filed an amicus brief with the Supreme Court in support of the petitioner in Romag Fasteners, Inc. v. Fossil, Inc., No. 18-1233....more

Cert. Roundup: Romag’s Opening Brief: Imposing a Willfulness Requirement to Recapture Profits is Inconsistent with Statute,...

Akerman LLP - Marks, Works & Secrets on 11/22/2019

In June 2019, the United States Supreme Court granted certiorari in Romag Fasteners Inc. v. Fossil Inc., et al., No. 18-1233. As set forth in our previous blog post, Romag Fasteners Inc. (“Romag”) seeks to have the Court...more

The Katten Kattwalk | Issue 20

Katten Muchin Rosenman LLP on 10/25/2019

Welcome to the Fall 2019 issue of Kattwalk. In this issue, we are pleased to introduce you to Bret Danow, a partner in Katten’s New York office with a broadbased trademark practice that covers the entire lifecycle of a brand,...more

Supreme Court Remains Focused on Intellectual Property, Adds Two Trademark Cases For Next Term

Miller Canfield on 7/3/2019

The Supreme Court granted certiorari in two trademark cases on June 28, 2019, adding them to its docket for next term. Romag Fasteners, Inc. v. Fossil, Inc., et al. concerns whether, under Section 35 of the Lanham Act, 15...more

SCOTUS to Decide Whether the Lanham Act Requires Proof of Willfulness for Disgorgement of Profits

Proskauer - Advertising Law on 7/2/2019

On Friday, June 28, 2019, the Supreme Court granted certiorari in Romag Fasteners, Inc. v. Fossil, Inc. to decide whether a showing of willfulness is necessary to obtain a defendant’s profits under the Lanham Act....more

Supreme Court to Decide Whether Trademark Owner Must Prove Willful Infringement to Obtain an Infringer's Profits

Foley Hoag LLP - Making Your Mark on 7/1/2019

Under 15 U.S.C. § 1117(a), trademark holder who proves infringement may receive as damages an award of profits “subject to the principles of equity.” This phrase has divided the circuit courts going back several decades, with...more

Will SCOTUS Resolve the Circuit Split on Key Trademark Damages Issue?

Fenwick & West LLP on 5/16/2019

A petition for writ of certiorari pending before the U.S. Supreme Court asks the Court to decide whether a plaintiff must prove willful infringement to obtain an award of a trademark infringer’s profits for a violation of 15...more

Attorneys May Be Expensive, But Are Their Fees “Expenses”?

Dorsey & Whitney LLP on 3/12/2019

On March 4, 2019, the Supreme Court agreed to hear Iancu v. NantKwest, Inc., which will determine whether unsuccessful applicants before the United States Patent and Trademark Office who elect to challenge adverse decisions...more

Patent Law Update for Medical Device Companies 2018 (Presentation)

Knobbe Martens on 12/5/2018

Knobbe Martens Partners Paul Conover, Irfan Lateef, and Curtis Huffmire presented "Patent Law Update for Medical Device Companies 2018" at the MedTech Innovation Summit in San Francisco, CA on November 28, 2018. This session...more

Will the Supreme Court Finally Let Trademarks Join their Intellectual Property Brethren In the Protection Provided Under the...

Dorsey & Whitney LLP on 11/9/2018

Earlier this year, we wrote about the First Circuit’s decision in In re Tempnology, LLC, a bankruptcy case in which the First Circuit cemented a circuit split over whether a trademark licensee could retain its trademark...more

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