On October 6, 2025, the U.S. Supreme Court declined to review the Federal Circuit’s decision in Crocs, Inc. v. Double Diamond Distrib., Ltd., et al., leaving a circuit split regarding Lanham Act false advertising claims...more
On October 17, 2025, the USPTO proposed new rules that would dramatically alter IPR strategy. The most impactful change to the status quo is a proposal to bar the PTAB from instituting an IPR if a parallel district court case...more
10/28/2025
/ Comment Period ,
Inter Partes Review (IPR) Proceeding ,
Litigation Strategies ,
Parallel Proceedings ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Proposed Rules ,
Stays ,
USPTO ,
Venue
In patent infringement litigation, ownership isn’t just about who invented the technology. It’s about who holds the legal right to enforce it. That right depends on the language used in assignment agreements, license...more
10/23/2025
/ CAFC ,
Contract Drafting ,
Contract Terms ,
Enforcement Actions ,
IP Assignment Agreements ,
License Agreements ,
Patent Infringement ,
Patent Litigation ,
Patent Ownership ,
Patents ,
Risk Management ,
Settlement Agreements ,
Standing
In a sweeping 84-page complaint, the Federal Trade Commission (FTC)—joined by seven state attorneys general—has filed suit against Live Nation Entertainment and Ticketmaster, alleging a years-long scheme of deceptive...more
9/26/2025
/ Brokers ,
Consumer Protection Laws ,
Enforcement Actions ,
Entertainment Industry ,
Federal Trade Commission (FTC) ,
Fees ,
FTC Act ,
Pending Litigation ,
Section 5 ,
State Attorneys General ,
Ticket Pricing ,
Ticketmaster ,
Unfair or Deceptive Trade Practices
A recent decision from the Canadian Federal Court of Appeal (FCA) underscores the importance of implementing multi-layered patent docketing systems to prevent the loss of rights due to unpaid maintenance fees. ...more
9/25/2025
/ Abandonment ,
Appellate Courts ,
Canada ,
Canadian Intellectual Property Office (CIPO) ,
Duty of Care ,
Intellectual Property Protection ,
Maintenance Fees ,
Patent Act ,
Patent Applications ,
Patents ,
Reinstatement ,
Statutory Interpretation
Ferrara Candy Company, the powerhouse behind NERDS®, is cracking down on what it calls a “copycat candy” in a newly filed federal lawsuit that’s making waves in the confectionery world. ...more
The Federal Circuit’s recent decision in Global Health Solutions LLC v. Selner is its first review of a rare patent dispute resolution process under the America Invents Act (AIA). The decision serves as a warning that proving...more
9/4/2025
/ America Invents Act ,
CAFC ,
Derivation Proceeding ,
Dispute Resolution ,
Evidence ,
Evidentiary Standards ,
First-to-File ,
Inventors ,
Misappropriation ,
Patent Applications ,
Patent Filings ,
Patent Trial and Appeal Board ,
Patents
Michigan may be joining a growing number of states in tightening regulations around automatic renewal provisions in consumer contracts. On August 27, 2025, the Michigan House introduced HB 4826, a bill aimed at strengthening...more
Recent U.S. trade secret verdicts have demonstrated the extraordinary financial exposure companies face under the Defend Trade Secrets Act (DTSA). Courts have awarded hundreds of millions in damages for misappropriation of...more
8/22/2025
/ Business Litigation ,
Confidential Information ,
Corporate Counsel ,
Corporate Liability ,
Damages ,
Defend Trade Secrets Act (DTSA) ,
Due Diligence ,
Litigation Strategies ,
Misappropriation ,
Non-Disclosure Agreement ,
Private Right of Action ,
Proprietary Information ,
Risk Management ,
Trade Secrets
We recently discussed the legal developments related to fair use in AI training. Through a bipartisan bill titled the AI Accountability and Personal Data Protection Act (the “Bill”), introduced on July 21, 2025, U.S. Senators...more
8/5/2025
/ Artificial Intelligence ,
Consent ,
Copyright ,
Data Collection ,
Data Privacy ,
Data Protection ,
Defense Strategies ,
Fair Use ,
Intellectual Property Protection ,
Machine Learning ,
Personal Data ,
Privacy Laws ,
Proposed Legislation
In the world of trademark litigation, surveys play a crucial role in tackling issues like confusion, secondary meaning, and dilution. However, the timing of survey disclosures often sparks heated debates, as neither side...more
7/25/2025
/ Dilution ,
Evidence ,
Expert Reports ,
Expert Testimony ,
Expert Witness ,
Federal Rules of Civil Procedure ,
Rebuttal ,
Rules of Civil Procedure ,
Surveys ,
Trademark Litigation ,
Trademarks
As generative AI technology advances, the legal battles over the use of copyrighted materials for training these models are heating up. In the first wave of lawsuits the courts have diverged in their approach to fair use as a...more
In a dramatic turn of events, the United States Court of Appeals for the Eighth Circuit has vacated the Federal Trade Commission’s (FTC) Click-to-Cancel Rule, which was set to take effect on July 14, 2025. ...more
The Made in the USA label carries significant marketing weight, especially in today’s political landscape, but it also comes with legal risks. Federal regulators and class action attorneys are scrutinizing origin claims,...more
7/2/2025
/ Advertising ,
Consumer Protection Laws ,
Country of Origin ,
False Advertising ,
Federal Trade Commission (FTC) ,
Labeling ,
Made in the USA ,
Manufacturers ,
Product Labels ,
Risk Management ,
Unfair or Deceptive Trade Practices
Apple has escaped a $300 million patent infringement verdict after a three-judge panel of the United States Court of Appeals for the Federal Circuit vacated both the infringement and damages judgment because of faulty jury...more
6/26/2025
/ Abstract Ideas ,
Appeals ,
Apple ,
Damages ,
FRAND ,
Jury Instructions ,
Jury Trial ,
Patent Infringement ,
Patent Litigation ,
Precedential Opinion ,
Rules of Civil Procedure ,
Seventh Amendment ,
Standard Essential Patents ,
Vacated
Under current Federal Trade Commission (FTC) policy, an advertising claim requires substantiation if it makes an objective assertion about a product or service. But a new lawsuit filed by a former defendant in an FTC suit...more
The Federal Trade Commission’s (“FTC”) Negative Option Rule, dubbed the “Click-to-Cancel” Rule (the “Rule”), stands to substantially change the way online businesses must interact with customers. Its fate is now in the hands...more
6/18/2025
/ Appeals ,
Consent ,
Consumer Protection Laws ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Final Rules ,
Negative Option Rule ,
Oral Argument ,
Regulatory Requirements ,
Subscription Services ,
Unfair or Deceptive Trade Practices
For years, one of the world’s most popular online video games, Fortnite, profited from in-game purchases (or “microtransactions”) that, according to the Federal Trade Commission (“FTC”), were unlawful and deceptive. Although...more
1/28/2025
/ Consent ,
Consumer Privacy Rights ,
COPPA ,
Data Privacy ,
Data Protection ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Online Safety for Children ,
Parental Consent ,
Privacy Laws ,
Unfair or Deceptive Trade Practices ,
Website Design ,
Websites
To be eligible for trademark registration, a color must have acquired distinctiveness and must not be functional. Recently, the Federal Circuit discussed the importance that a color mark not be functional. ...more
Color trademarks have traditionally been difficult to obtain. Of the over 4 million trademark registrations, there were less than 1000 color trademarks as of 2019. To be eligible for trademark registration, a color must have...more
The United States Patent and Trademark Office ("PTO") has issued its Final Rule adjusting filing fees at all stages of the trademark application and maintenance filing process. The new fees will take effect on January 18,...more
On May 9, 2024, the U.S. Supreme Court held the Copyright Act entitles a copyright owner to obtain damages for a timely infringement claim, even if the infringement occurred prior to the Copyright Act's three-year statute of...more
Earlier this year, the Haas F1 Team announced it would compete in the 2024 Formula One Championship without the leadership of its former principal Guenther Steiner. Following this separation, Steiner sued his former team for...more
5/10/2024
/ Advertising ,
Endorsements ,
Fair Use ,
Goods or Services ,
Likelihood of Confusion ,
Name and Likeness ,
Photographs ,
Popular ,
Sponsors ,
Sports ,
Trademark Infringement ,
Trademarks
Two of the busiest airports in the United States are battling with their smaller counterparts to retain trademark rights in the name of the major cities the airports serve. While the smaller airports want to capitalize on...more
A common problem for intellectual property owners in the age of e-commerce is trying to unmask the identity of anonymous infringers to get the infringing activity to stop. Even if a brand owner is successful in unmasking the...more