In the immortal words of the most recent Nobel Laureate in literature, “the times they are a changin.’” Section 35(a) of the Lanham Act provides that “[t]he court in exceptional cases may award reasonable attorney fees to...more
11/1/2016
/ Abuse of Discretion ,
Attorney's Fees ,
Corporate Counsel ,
De Novo Standard of Review ,
Exceptional Case ,
Fee-Shifting ,
Highmark v. Allcare ,
Lanham Act ,
Octane Fitness v. ICON ,
Patent Infringement ,
Popular ,
Prevailing Party ,
Young Lawyers
On the opening night of the Republican National Convention, Donald Trump’s wife, Melania, delivered a speech from the convention floor in support of Trump’s nomination. The speech was infused with rhetoric about such things...more
Justin Bieber is headed to the land of the Grand Ole Opry. Not for concertizing, but for plagiarizing. Allegedly. On May 26, 2016, “the Biebs” was sued in the U.S. District Court for the Middle District of Tennessee for...more
It turns out that SpongeBob Squarepants is more than just an absorbent, yellow and porous cartoon character who lives in a pineapple under the sea. He can also teach us an important lesson about trademark licensing and...more
As we kick off “Oscar Week” here at TheTMCA.com, it is particularly apropos to discuss a decision just handed down by the Ninth Circuit Court of Appeals involving the critically acclaimed movie, The Hurt Locker. It is a...more
Many professional athletes these days—particularly those in the National Basketball Association—have their bodies bedecked with all sorts of tattoos. It’s a trend that has steadily caught fire over the last several years...more
The last time the U.S. Supreme Court tackled the issue of attorneys’ fees under the Copyright Act was in Fogerty v. Fantasy. In that case, John Fogerty was sued for alleged copyright infringement over his song “The Old Man...more
Maya Hayuk is a Brooklyn artist known for her vivid murals that use a variety of geometric shapes punctuated by bright hues and layers of dripping paint. In June of 2015, Hayuk filed a complaint against Starbucks on copyright...more
Various media outlets were abuzz recently about how Marshawn Lynch received a federal trademark registration for “I’m Just Here So I Won’t Get Fined” for t-shirts and other apparel items. He uttered that phrase more than 20...more