On Thursday, May 9, the U.S. Supreme Court ruled that plaintiffs in copyright litigation no longer are bound by a three-year statute of limitations for bringing a claim to recover damages....more
A June 29, 2023 Supreme Court ruling limits the reach of the Lanham Act to essentially only domestic use of a mark in commerce.
The Supreme Court’s opinion in Abitron Austria GmbH v. Hetronic Int’l Inc. overturns a Tenth...more
7/3/2023
/ Abitron Austria GmbH v Hetronic International Inc ,
Extraterritoriality Rules ,
Foreign Sales ,
Intellectual Property Protection ,
Lanham Act ,
Likelihood of Confusion ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Use in Commerce
“No harm, no foul.” That was the message the U.S. Supreme Court delivered Feb. 24 in ruling that a copyright infringement verdict should not have been overturned because of inaccurate information in the copyright registration...more
Forfeiting profits is a worst-case-scenario for companies accused of trademark infringement. The possibility of turning over profits certainly is a threat that trademark defense teams want to avoid. The United States Supreme...more
On Monday, March 4, 2019, the United States Supreme Court issued an opinion that clarified the long-standing issue of whether a plaintiff bringing a copyright infringement action has to have an issued registration or just a...more
3/6/2019
/ Appeals ,
Copyright ,
Copyright Exhaustion ,
Copyright Infringement ,
Copyright Registration ,
Damages ,
Fourth Estate Public Benefit Corp v Wall-Street.com LLC ,
SCOTUS ,
Solicitor General ,
Split of Authority ,
The Copyright Act ,
Uniformity
On December 6, 2016, the United States Supreme Court threw out a $399 million damages award against Samsung for infringing three design patents, opening the door on a new era in design patent infringement damages and the...more
Laches is an equitable defense based on a plaintiff’s unreasonable delay in pursuing a claim. In 2014, the Supreme Court effectively eliminated the laches defense in copyright cases, ruling that the copyright statute allows...more
9/23/2015
/ Copyright ,
En Banc Review ,
Ex Partes Reexamination ,
Laches ,
Limitation Periods ,
Non-Practicing Entities ,
Patent Act ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Petition For Rehearing ,
Petrella v. MGM ,
Prior Art ,
SCOTUS