News & Analysis as of September 24, 2024

Standing

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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... more +

The Supreme Court Update - June 14, 2024

Dorsey & Whitney LLP on 6/17/2024

On Thursday, June 13, the Supreme Court of the United States issued three decisions: FDA v. Alliance for Hippocratic Medicine, No. 23-235: This case involves an attempt to rescind the Food and Drug Administration’s...more

Supreme Court 2016-17 Recap

Skadden, Arps, Slate, Meagher & Flom LLP on 6/20/2017

The politics surrounding the appointment of a new justice to the U.S. Supreme Court dominated the news cycle during the 2016-17 term, but the Court’s decisions themselves have been far from controversial. As the term draws to...more

Intellectual Property Bulletin - Winter 2017

Fenwick & West LLP on 2/10/2017

A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

Advertising Law - May 2016

Manatt, Phelps & Phillips, LLP on 5/7/2016

Kanye's Promise of Exclusivity a Siren Song, Suit Says - Kanye West's latest drama involves the courtroom—specifically, a putative class action complaint alleging false advertising, unfair competition, and unjust...more

MarkIt to Market - April 2014

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 4/29/2014

The April issue of Sterne Kessler's MarkIt to MarketTM newsletter contains a cautionary tale regarding use of social media, a clarified test for false advertising standing, updates to Canada's Trade-marks Act, and an updated...more

Supreme Court Clarifies Standing Requirements in False Advertising Lawsuits

McNees Wallace & Nurick LLC on 4/24/2014

On March 25, the U.S. Supreme Court clarified who has the right to assert a federal claim for false advertising. In a unanimous ruling, the Court established that one company can sue another under the Lanham Act, the federal...more

IP Update, Vol. 16, No. 5, May 2013

McDermott Will & Emery on 5/31/2013

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

Intellectual Property Bulletin - Winter 2013

Fenwick & West LLP on 4/4/2013

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

A Covenant Not to Sue May Avoid Invalidity Claims

Pillsbury Winthrop Shaw Pittman LLP on 1/17/2013

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

Just Moot It: Supreme Court in Already v. Nike Clarifies When a Covenant Not to Sue Can Kill a Declaratory Judgment Case

Fenwick & West LLP on 1/15/2013

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

Supreme Court Holds Covenant Not to Sue Moots Counterclaim for Invalidity

Foley & Lardner LLP on 1/10/2013

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

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