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2023 IP Outlook: Trademark and Copyright Supreme Court Update

Three interesting intellectual property cases are on the Supreme Court of the United States’ docket in 2023. The Supreme Court’s opinions in these cases could have significant implications for trademark and copyright disputes...more

Supreme Court to Consider First Amendment Protection for Parody Dog Toy

The Supreme Court of the United States has agreed to consider the scope of protection afforded by the First Amendment to commercial parody products that feature the unauthorized use of another party’s trademark(s). Jack...more

Delay in Enforcing Trademark Measured from When Infringement Became Actionable

Addressing laches and progressive encroachment, the US Court of Appeals for the Eighth Circuit reversed and remanded a district court’s grant of summary judgment based on laches because the district court failed to “conduct a...more

2022 IP Outlook Report: The Developments Shaping Trademark Law

KEY TAKEAWAYS AND OUTLOOK FOR 2022 - While Gen Z taught us all on TikTok how not to be “cheugy,” or out of touch with pop culture, similarly, trademark law in 2021 ushered in new and changed regulations, provided further...more

There’s No Sugarcoating It: Pocky’s Cookie Design Trade Dress Is Functional

Addressing for the second time whether the design of a chocolate-dipped, stick-shaped cookie was eligible for trade dress protection, the US Court of Appeals for the Third Circuit held again that the product configuration was...more

Cookie Trade Dress Infringement Case Crumbles in Face of Functionality Challenge

The US Court of Appeals for the Third Circuit found that trade dress protection did not extend to the design of a chocolate-dipped, stick-shaped cookie, because the product configuration was useful. Ezaki Glico Kabushiki...more

Special Report - 2019 IP Law in Review - Trademarks

Trademark jurisprudence in 2019 may be best summarized in two words: questions and answers. Decisions handed down at the district court level have teed up key questions that are poised to be answered by the United States...more

Lotso More Than Non-Exclusive Licensor-Licensee Relationship Needed for Personal Jurisdiction

Addressing whether the activities of non-exclusive licensees subject the licensor to personal jurisdiction, the US Court of Appeals for the Fifth Circuit held that jurisdiction over the licensees does not extend personal...more

Not So Swag: No Preclusive Effect for ITC Trademark Infringement, Validity Rulings

Addressing for the first time whether International Trade Commission (ITC) trademark infringement rulings have a preclusive effect on district court litigation, the US Court of Appeals for the Federal Circuit affirmed the...more

Grill Trademark Dispute Is Overdone, but Contract Battle Sizzles On

Addressing—for the second time—the ownership of certain trademarks after sale of the relevant business, the US Court of Appeals for the Fifth Circuit concluded that the trademarks and goodwill associated with a single...more

Vested Rights Clause Restores Trademark to Original Applicant

Addressing the issue of trademark ownership under since-terminated development and commercialization agreements, the US Court of Appeals for the Third Circuit reversed in part and affirmed in part, finding that under a...more

Boat Company’s Trade Dress, Trade Secrets Claims Spring a Leak

Addressing a fishing boat company’s claim for trade dress infringement and misappropriation of trade secrets, the US Court of Appeals for the 11th Circuit affirmed a grant of summary judgment for the defendant, a rival...more

The Other Shoe Drops in Sneaker Trademark Case

Addressing the evidentiary standard for irreparable harm in a Lanham Act case, the US Court of Appeals for the Ninth Circuit affirmed the district court’s grant of a preliminary injunction preventing a sneaker company from...more

Suggestive Versus Descriptive Marks

Addressing the validity of, and likelihood of confusion between, two data-driven analytic software companies’ “Collective”-formative trademarks, the US Court of Appeals for the Second Circuit disagreed with the district...more

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