On April 5, 2021, the Supreme Court of the United States held that Google’s use of certain Java Application Programming Interfaces (API) in its Android operating system was not copyright infringement and instead constituted...more
4/8/2021
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Google ,
Google LLC v Oracle America Inc ,
Intellectual Property Litigation ,
Java ,
Oracle ,
SCOTUS ,
Transformative Use
On June 30, 2020, The Supreme Court of the United States issued its opinion in United States Patent and Trademark Office v. Booking.com B. V., holding that a mark consisting of a generic term combined with “.com” is not...more
7/21/2020
/ Acquired Distinctiveness ,
Appeals ,
Booking.com ,
Domain Name Registration ,
Domain Names ,
Generic Marks ,
Lanham Act ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO
In the wake of the COVID-19 pandemic, the U.S. unemployment rate is at its highest level since the Great Depression. In light of the economic upheaval caused by this pandemic, in March 2020 Congress passed the largest...more
On May 27, 2020, the U.S. Patent and Trademark Office (USPTO) granted additional, limited relief to those most impacted by COVID-19 for certain patent and trademark-related fees and deadlines. This relief is far more limited...more
On May 14, 2020, the Supreme Court of the United States issued its opinion in the latest round of a 20-year long trademark dispute between Lucky Brand Dungarees, Inc. and Marcel Fashion Group, Inc. over the use of “Lucky.” ...more
5/20/2020
/ Claim Preclusion ,
Collateral Estoppel ,
Counterclaims ,
Defense Preclusion ,
Fashion Branding ,
Issue Preclusion ,
Lucky Brand Dungarees v Marcel Fashion Group ,
Motion to Dismiss ,
Release Agreements ,
Res Judicata ,
SCOTUS ,
Split of Authority ,
Subsequent Litigation ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
On March 31, 2020, the U.S. Patent and Trademark Office (USPTO) announced that it would “extend the time to file certain patent and trademark-related documents and to pay certain required fees” by 30 days for deadlines that...more
The current outbreak of COVID-19 (the coronoavirus) will be a test of the global supply chain’s strength in the face of unintended interruptions, and can be a lesson on building-in supply-chain contingency plans. As a result...more
3/9/2020
/ Business Interruption ,
China ,
Construction Project ,
Coronavirus/COVID-19 ,
Costco ,
Critical Infrastructure Sectors ,
E-Commerce ,
Emergency Management Plans ,
Fashion Industry ,
Food and Drug Administration (FDA) ,
Foreign Commerce ,
Goods or Services ,
Home Depot ,
Imports ,
Infectious Diseases ,
Internet Retailers ,
Manufacturers ,
Pharmaceutical Industry ,
Public Health ,
Retailers ,
Revenue ,
Risk Management ,
Suppliers ,
Supply Chain ,
Supply Contracts ,
Textiles ,
Wal-Mart
It’s no secret that consumers have been shifting away from shopping at traditional brick-and-mortar stores in favor of shopping online. Nor that the shift in consumers’ shopping habits has resulted in a wave of store...more
Sharing limited personal information with retailers has its benefits, including targeted ads, discounts, incentives, and coupons. But at what cost? Do the risks of disclosing your personal information to retailers outweigh...more
Retailers generally appreciate that their brands are among their most valuable assets. But it can be challenging for them to know how current trademark law will affect their selection, registration, and enforcement of those...more
7/10/2019
/ Brand ,
Business Development ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Commercial Bankruptcy ,
Corporate Branding ,
First Amendment ,
Intellectual Property Protection ,
Lanham Act ,
Licensing Rights ,
Marijuana ,
Marijuana Related Businesses ,
Personal Brands ,
Retail Market ,
Retailers ,
Scandalous/Immoral Marks ,
Trademark Registration ,
Trademarks
Yesterday, the U.S. Patent and Trademark Office (USPTO) announced that, beginning August 3, 2019, an applicant, registrant, or party to a trademark proceeding whose domicile is not located within the United States or its...more
Last week, members of the Goulston & Storrs intellectual property practice group joined over 11,000 attendees from around the world for the 141st Annual Meeting of the International Trademark Association(INTA)....more
On Monday, March 4, 2019, the U.S. Supreme Court issued a decision that stands as an important reminder to owners of copyrightable works: registration of a copyright is a prerequisite to filing a lawsuit for copyright...more
3/13/2019
/ Appeals ,
Copyright ,
Copyright Exhaustion ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Registration ,
Damages ,
Fourth Estate Public Benefit Corp v Wall-Street.com LLC ,
SCOTUS ,
Solicitor General ,
Split of Authority ,
The Copyright Act ,
Uniformity
With the end of the year approaching and the holiday shopping season in full swing, now is an ideal time for brand owners to audit their trademark portfolios. ...more
When it comes to trademark registration, there is such a thing as being too popular. Marks such as Aspirin, Fiberglass, Zipper and Flip Phone became so ubiquitous that they were found to be generic—a commonly used name or...more
On July 26, 2018, Chief Judge Patti B. Saris of the U.S. District Court for the District of Massachusetts disqualified plaintiff’s counsel in the patent infringement case Altova GmbH v. Syncro Soft Srl, 17-cv-11642, finding...more
During the week of May 20, 2018, members of the Goulston & Storrs Intellectual Property Group joined over 10,500 attendees from around the world for the 140th Annual Meeting of the International Trademark Association (INTA). ...more
These new Patent Rules replace the prior version of Local Rule 16.6 and aim to streamline patent cases by providing consistency and expediency. ...more
On December 11, 2017, the Judges of the U.S. District Court for the District of Massachusetts proposed amendments to Local Rule 16.6 governing patent proceedings. The proposed amendments substantially rewrite existing Local...more
For years, patent assertion entities have filed patent lawsuits against retailers in federal court in Texas. The Supreme Court’s recent decision in TC Heartland LLC v. Kraft Foods Group Brands LLC may give retailers the...more
11/30/2017
/ Forum Shopping ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Personal Jurisdiction ,
Principal Place of Business ,
Retail Market ,
Retailers ,
SCOTUS ,
State of Incorporation ,
TC Heartland LLC v Kraft Foods ,
Venue
A recent U.S. Supreme Court copyright decision analyzing cheerleader uniforms may have a profound impact on retailers, and on the fashion industry in particular. On March 22, 2017, the Supreme Court held in Star Athletica,...more
4/19/2017
/ Cheerleaders ,
Copyright ,
Copyright Infringement ,
Copyrightable Subject Matter ,
Fashion Design ,
Graphic Designs ,
Retail Market ,
SCOTUS ,
Section 101 ,
Star Athletica v Varsity Brands ,
Uniforms
On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (the DTSA), creating the first Federal civil cause of action for misappropriation of trade secrets. The DTSA overlaps substantially with,...more
6/2/2016
/ Asset Seizure ,
Defend Trade Secrets Act (DTSA) ,
Employment Contract ,
Ex Parte ,
Inevitable Disclosure Doctrine ,
Injunctive Relief ,
Intellectual Property Protection ,
Misappropriation ,
New Legislation ,
Non-Disclosure Agreement ,
Notice Requirements ,
Popular ,
Private Right of Action ,
Retailers ,
State Law Claims ,
Trade Secrets ,
Whistleblower Protection Policies
Last week, members of Goulston & Storrs joined over 9,900 attendees from around the world who converged on San Diego for the 2015 Annual Meeting of the International Trademark Association (INTA). ...more
Brand owners frequently adopt geographic terms to describe the origin or a characteristic of goods, such as NANTUCKET NECTARS for beverages from Nantucket and HYDE PARK for high end apparel. ...more
On June 19, 2014, the Supreme Court issued its decision in Alice Corporation Pty. Ltd. v. CLS Bank International, clarifying what it means to be patentable subject matter. With one stroke of the pen, the Supreme Court...more