In one of the first trademark cases involving NFTs (non-fungible tokens), the U.S. District Court for the Southern District of New York’s opinion in Hermès International, et al. v. Mason Rothschild sheds new light on how...more
The U.S. Federal Trade Commission (FTC) recently finalized a rule, which became effective August 13, 2021, to deter what the FTC refers to as “Rampant Made in USA Fraud.” The rule does not impose any new requirements on...more
On April 23, 2020, the U.S. Supreme Court unanimously held in Romag Fasteners, Inc. v. Fossil Group, Inc., 590 U.S. ___ (2020), that the Lanham Act does not impose a “willfulness” prerequisite for awarding profits in...more
4/27/2020
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Appeals ,
Burden of Proof ,
Charge-Filing Preconditions ,
Compensatory Awards ,
Dilution ,
Lanham Act ,
Lost Profits ,
Remand ,
Remedies ,
Romag Fasteners v Fossil ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated ,
Willful Infringement
Similar to the laws of the EU and its member states, as well as other countries around the world, U.S. trademark law provides a mechanism through which parties with standing can oppose pending third-party applications or seek...more
On January 21, 2015, the Supreme Court ruled in Hana Financial, Inc. v. Hana Bank that the issue of whether two trademarks may be “tacked” for purposes of determining a priority claim is a question for the jury....more