The Bottom Line
- The U.S. Supreme Court recently decided that, when using another’s trademark “as a designation of source for the infringer’s own goods,” one is not entitled to a First Amendment defense even if the use...more
7/27/2023
/ Dilution ,
First Amendment ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Parody ,
Rogers Test ,
SCOTUS ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
With the introduction of several readily available applications, artificial intelligence (AI) has leaped into the mainstream and brought with it a host of legal questions.
Following the release in November of the now...more
A recent Supreme Court decision has finally put an end to the longstanding fight between Oracle and Google concerning Google’s use of Oracle’s copyrighted Java Application Programming Interfaces (APIs). The Supreme Court’s...more
8/11/2021
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Google ,
Google LLC v Oracle America Inc ,
Intellectual Property Litigation ,
Java ,
Oracle ,
SCOTUS ,
Transformative Use
The U.S. Supreme Court released its eagerly anticipated decision in Facebook Inc. v. Duguid yesterday, narrowly construing the definition of an automatic telephone dialing system, or autodialer, under the Telephone Consumer...more
A federal district court in California has awarded a $2.7-million default judgment to Kim Kardashian West in her lawsuit against a fast fashion online retailer that allegedly used her persona and likeness to sell its...more
9/19/2019
/ Attorney's Fees ,
Cease and Desist Orders ,
Celebrities ,
Commercial Use ,
Default Judgment ,
False Designation of Origin ,
Fashion Branding ,
Kim Kardashian ,
Name and Likeness ,
Personal Brands ,
Popular ,
Right of Publicity ,
Takedown Notices ,
Trademarks
Over the past half-decade, Congress and the courts have made aggressive efforts to curb the worst abuses of the patent system. In 2013, Congress passed the America Invents Act (AIA), which established the Patent Trial and...more
8/8/2019
/ Abstract Ideas ,
America Invents Act ,
CLS Bank v Alice Corp ,
Congressional Intent ,
Constitutional Challenges ,
Foreign Profits ,
Forum Shopping ,
Helsinn Healthcare SA v Teva Pharmaceuticals USA Inc ,
Intellectual Property Protection ,
Judicial Review ,
Oil States Energy Services v Greene's Energy Group ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent Trolls ,
Prior Art ,
Private Sales ,
SCOTUS ,
Software Patents ,
Sovereign Immunity ,
TC Heartland LLC v Kraft Foods ,
Venue ,
WesternGeco LLC v Ion Geophysical Corporation
The Federal Trade Commission (FTC) recently decided that agreements reached by 1-800 Contacts, Inc. with a number of its competitors to settle claims that the competitors’ online search advertising infringed on 1-800...more
2/13/2019
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Advertising ,
Anti-Competitive ,
Federal Trade Commission (FTC) ,
FTC Act ,
Google ,
Keyword Search ,
Marketing ,
Restraint of Trade ,
Search Engines ,
Section 5 ,
Trademarks ,
Truth in Advertising