On June 29, the United States Supreme Court issued its highly anticipated decision regarding the foreign reach of the Lanham Act, the federal statute that prohibits trademark infringement. The decision confirms the...more
7/17/2023
/ Abitron Austria GmbH v Hetronic International Inc ,
Extraterritoriality Rules ,
Foreign Entities ,
Foreign Sales ,
Intellectual Property Protection ,
Lanham Act ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
Use in Commerce
Last week, the Supreme Court decided an important copyright case on the question of fair use in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 2023 WL 3511534....more
This week the U.S. Supreme Court heard oral arguments in two important trademark infringement cases which test the limits of the Lanham Act and the First Amendment, respectively: Abitron Austria GmbH, et al. v. Hetronic...more
On Nov. 4, the U.S. Supreme Court granted a Petition for a Writ of Certiorari requesting that it overturn the 10th Circuit Court of Appeals’ decision that upheld a judgment based on a $115 million jury verdict and a worldwide...more
California’s Unruh Civil Rights Act (Civil Code section 51, et seq.) confers a right to a civil action against businesses that intentionally discriminate against individuals with disabilities or, alternatively, violate the...more
In early April, the California Senate Judiciary Committee voted to approve Senate Bill 1149, introduced in February by state senator Connie M. Leyva (D-Chino), termed the “Public Right to Know Act of 2022.” SB 1149 bill would...more
U.S. Supreme Court agrees to decide whether the addition of “.com” to a website service’s term for hotel booking services can allow the term to function as a registrable service mark upon proof of “acquired distinctiveness.”...more
In re: Siny Corp. (Fed. Cir. 2018-1077, April 10, 2019) -
Trademark owners applying for federal registration of their trademark or service mark are required to submit to the U.S. Patent & Trademark Office (USPTO) a...more