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Eighth Circuit Affirms Dismissal of “Love Happens” Trademark Infringement Suit for Lack of Personal Jurisdiction

The Eighth Circuit recently upheld dismissal of Brothers and Sisters in Christ, LLC’s (“BASIC”) lawsuit against online marketplace Zazzle, affirming that “the bare-bones nature of BASIC’s allegations,” including Zazzle’s sale...more

Supreme Court Grants Certiorari to Decide if PTAB Judges Are Constitutional

Are PTAB judges constitutional? This week the Supreme Court granted certiorari to answer this question. In Arthrex v. Smith & Nephew, the Federal Circuit considered whether the appointment of administrative patent judges...more

Generic.com Terms May Be Eligible for Federal Trademark Protection

Today, the Supreme Court held in U.S. Patent & Trademark Office v. Booking.com B.V. that a generic term paired with an internet designation such as “.com” (called a “generic.com” term by the Court) may be eligible for federal...more

Supreme Court Holds PTAB Decisions on IPR Time Limit Nonappelable

Yesterday, in Thryv, Inc. v. Click-To-Call Technologies LP, the Supreme Court held that Patent Trial and Appeal Board (“PTAB”) decisions regarding the time limit for filing inter partes reviews (“IPRs”) are not subject to...more

Supreme Court to Decide Two Trademark Cases

The Supreme Court of the United States recently granted certiorari in two trademark cases. In Romag Fasteners v. Fossil, the Court will consider whether courts can order trademark infringers to disgorge their profits without...more

Supreme Court Holds Bar on Immoral or Scandalous Trademarks Unconstitutional

The Supreme Court held Monday that the Lanham Act’s bar on “immoral or scandalous” trademarks is unconstitutional under the First Amendment. Delivering the 6-3 opinion of the Court, Justice Kagan relied on the Court’s...more

Supreme Court Hears Oral Argument on “Immoral or Scandalous” Trademark Prohibition

Earlier this week, the Supreme Court of the United States heard oral argument in Iancu v. Brunetti regarding the constitutionality of the portion of Lanham Act, Section 2(a) (15 U.S.C. § 1052(a)) that prohibits the United...more

Ninth Circuit Refuses to Vacate Lower Court’s Ruling After Settlement During Appeal

On Tuesday, the Ninth Circuit declined to vacate a district court’s ruling at the request of the parties after they reached a settlement of their trademark dispute. In Reserve Media, Inc. v. Efficient Frontiers, Inc.,...more

How Scandalous! SCOTUS Again Takes up Whether the Lanham Act Violates the First Amendment

On Friday, the Supreme Court of the United States agreed to hear a case that will decide whether the federal ban on trademark protection for “scandalous” material is unconstitutional. In re Brunetti follows the U.S. Patent...more

Supreme Court Opens the Door to Recovering Lost Foreign Profits in Patent Cases

In a 7-2 decision, the Supreme Court of the United States has opened the door for patent owners to recover lost foreign profits under §§ 284 and 271(f)(2) of the Patent Act. Although the Court’s decision in WesternGeco LLC v....more

Second Circuit Holds News Video Clip Search Engine Is Not Fair Use

The Second Circuit held yesterday in Fox News Network, LLC v. TVEyes, Inc., that a media service offering a search engine of video clips from news networks violates copyright law. On appeal, the Second Circuit held that such...more

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