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Rockin' Around the Christmas Brand Protection

It’s December, and everywhere you go, the streets and stores are awash in seasonal décor, and holiday products and Christmas programming are glistening in your eyes once again. In the spirit of the season, we have compiled...more

Court Prunes a Thicket of Claims and Counterclaims and Excludes Expert’s Design Patent Infringement Opinion 

Fiskars Finland OY AB v. Woodland Tools, Inc., No. 22-cv-00540 (W.D. Wis. Aug. 26, 2024) - On August 26, 2024, the Western District of Wisconsin issued a decision adjudicating a number of motions in a case involving a...more

Sneaker Parodist Gets Schooled: MSCHF Can’t Sidestep Trademark Infringement by Claiming Artistic Expression

The Second Circuit was the first Circuit Court to address Jack Daniel’s Properties, Inc. v. VIP Products LLC, where the Supreme Court explained that when an alleged trademark infringer relies upon the goodwill of a trademark...more

Illini Win to Fight Another Day for Disavowed Chief Illiniwek 

The Board of Trustees of the University of Illinois v. Vintage Brand LLC and Sportswear Inc. d/b/a Prep Sport - When an organization publicly disavows a trademark, does it turn over the mark to the public domain? ...more

Not Just One Size Fits All in Brandy Melville Decision: Ninth Circuit Opines on a Trio of Trademark First Impressions

Addressing not one but three matters of first impression, the Ninth Circuit held that willful blindness giving rise to contributory trademark infringement requires a defendant to have specific knowledge of specific infringers...more

Automating Without Innovating: Patents Held Invalid

People.ai, Inc. v. Clari Inc., 2022-1364, (Fed. Cir. April. 7, 2023) - In an appeal before the Federal Circuit, plaintiff People.ai argued to no avail that the Northern District of California erred in its finding of...more

String ‘Em Up: Light Patentee OK to Notify Others of Patent Suit: Lite-Netics, LLC, v. Nu Tsai Cap. LLC, d/b/a Holiday Bright...

Sticks and stones may break your bones, but don’t complain to the Court of Appeals for the Federal Circuit (“CAFC”) if a patentee calls you an infringer, claims you copied, or threatens to sue your customers.  Holding speech...more

RICO Requires Transfer of Title to Forfeit Trademarks: USA v. Mongol Nation, No. 19-50176 and 19-50190 (9th Cir. Jan. 6, 2023)

The Ninth Circuit recently affirmed the denial of the United States’ second motion for preliminary order of forfeiture of the Mongol Nation’s trademarks.  The Ninth Circuit held that the Racketeer Influenced and Corrupt...more

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