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Supreme Court Allows Copyright Damages Recovery Outside Three-Year Limitations Period—But Questions Regarding Accrual of Claims...

The U.S. Supreme Court affirmed the Eleventh Circuit’s holding in Warner Chappell Music v. Nealy that copyright plaintiffs bringing timely claims of infringement may recover damages for acts occurring outside the three-year...more

A Tableau of Consumer Confusion – Are Alcohol Beverages and Bar Services Always Related?

A recent decision from the Trademark Trial and Appeal Board may make bars and alcoholic beverage brands think twice about their trademark selections. In In re Caymus, the Board upheld a refusal to register TABLEAU, based in...more

Longshot Legislation Reflects Interest in AI Regulation

In the wake of several Congressional hearings over the past year on AI and intellectual property, Representative Adam Schiff (D-California) has introduced the Generative AI Copyright Disclosure Act of 2024 (H.R. 7913).  ...more

Can’t Hide from Brussels: EU To Require Copyright-Related AI Disclosures

A whole host of creators have filed suit in the U.S. alleging that AI companies improperly used the creators’ content to train AI programs. In most cases, the creators don’t know for sure whether the AI companies copied...more

Skeptical of the Second Circuit: U.S. Supreme Court Hears Arguments on Copyright Damages

On Wednesday, the Supreme Court heard oral argument in Warner Chappell Music, Inc. v. Nealy, an appeal of the Eleventh Circuit’s determination that a copyright plaintiff can recover damages for infringement occurring more...more

Avoiding Fumbles and Penalties in California with Influencer Classification

Seyfarth Synopsis: Collaborations with athletes, actors, and singers have always been a great way for companies to grow their brand recognition and create profitable products. With the Super Bowl (and, of course, its famed...more

Serving the USPTO Director in Actions Involving Non-US Companies: A Little-Known Provision of the Lanham Act

There is a little-known provision of the Lanham Act (the US Trademark Act) that packs a potentially big punch. 15 USC § 1051(e) provides that if a non-U.S. entity registers for a trademark in the United States without...more

Isn’t It Ironic? SCOTUS Rules BOOKING.COM Eligible for Trademark Registration

On June 30, the Supreme Court, in an 8-1 decision, issued a highly anticipated decision in United States Patent and Trademark Office et al. v. Booking.Com B.V. answering the question whether a trademark consisting of a...more

Trademark Offices Worldwide Respond to COVID-19: A Survey of Extensions, Announcements, and Status Information (UPDATED)

Trademark offices around the world have adjusted their practices in response to the global COVID-19 pandemic. Many trademark offices extended or suspended deadlines...more

Trademark Offices Worldwide Respond to COVID-19: A Survey of Extensions, Announcements, and Status Information (UPDATE)

In recent weeks, trademark offices around the world have made announcements and adjustments to their practices in response to the global COVID-19 pandemic. ...more

Trademark Offices Worldwide Respond to COVID-19: A Survey of Extensions, Announcements, and Status Information

In recent weeks, trademark offices around the world have made announcements and adjustments to their practices in response to the global COVID-19 pandemic. ...more

USPTO Addresses Filing Delays Caused by the Impact of COVID-19

While much of the focus of the Coronavirus Aid, Relief, and Economic Security (CARES) Act relates to economic stimulus, the Act also granted temporary authorization to the Director of the United States Patent and Trademark...more

New Amendment to Chinese Trademark Law Seeks to Combat “Bad Faith” Filers

Seyfarth Synopsis: On April 23, 2019, the 10th Session of the Standing Committee of the 13th National People’s Congress in China (NPC) amended the Chinese Trademark Law. The changes are intended to combat the problem of...more

Ninth Circuit Confirms “No Re-Hire” Clauses Can Constitute Unlawful Restraints Of Trade In California

Back in 2015, we covered the divided holding of the Ninth Circuit in Golden v. California Emergency Physicians Medical Group, that a “no re-hire” provision in a settlement agreement could constitute a restraint of trade in...more

California Court Of Appeal Holds That Disclosure Of Confidential Information Protected By Anti-SLAPP Statute

A recent California Court of Appeal decision held that the receipt, retention and dissemination of confidential information by a whistleblower’s attorney is protected by the state’s anti-SLAPP statute. MMM Holdings, Inc. v....more

Star Athletica v. Varsity Brands, Inc. Copyright Case

Seyfarth Synopsis: On March 22, 2017, the United States Supreme Court issued its opinion in the Star Athletica v. Varsity Brands, Inc. case, affirming and holding that “a feature incorporated into the design of a ...more

President Obama Signs the Defend Trade Secrets Act: Tips for Navigating the New Law

Seyfarth Synopsis: A new federal civil cause of action is now available to trade secrets owners seeking to pursue claims of trade secret misappropriation under the Defend Trade Secrets Act (“DTSA”). To take full advantage of...more

What Does the Passage of the Defend Trade Secrets Act Mean for Your Business?

Congress passed federal trade secrets legislation today. On April 4, 2016, the Senate passed S. 1890, the Defend Trade Secrets Act of 2016 (“DTSA”). Soon after, on April 20, 2016, the House Committee approved S. 1890 by...more

House Judiciary Committee Passes Senate’s Version of the Defend Trade Secrets Act

On April 4, 2016, the Senate Judiciary Committee passed S. 1890, the Defend Trade Secrets Act of 2016 (“DTSA”). Soon after, House Judiciary Committee Chairman Bob Goodlatte (R-VA) released a statement in which he applauded...more

California Court Gives Two Thumbs Down and Voids Non-Compete in Actor’s Agreement

Seyfarth Synopsis: Limitation on an actor’s ability to work in certain films struck down as an unlawful restraint of trade. California, mecca of the film and media production industries in the U.S., is notorious for...more

Senate Judiciary Committee Issues Report in Support of Defend Trade Secrets Act

The Senate Judiciary Committee recently released Senate Report 114-220 regarding the Defend Trade Secrets Act of 2016 (“DTSA”). A background on and recent developments of the DTSA are discussed more fully on our blog....more

Senate Judiciary Committee Votes in Favor of Passage of an Amended Defend Trade Secrets Act

Yesterday, the Senate Judiciary Committee held a voice vote in favor of the passage of the now amended Defend Trade Secrets Act of 2016 (“DTSA”). At this point, the Committee has not yet revealed when the current version of...more

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