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Supreme Court Suggests Claim Preclusion May Be Less Relevant to Trademark Cases and Questions Its Applicability to a Defense...

On May 14, 2020, the U.S. Supreme Court decided Lucky Brand Dungarees, Inc., et al. v. Marcel Fashions Group, Inc., No. 18-1086, addressing the subjects of claim and issue preclusion. The Court held that claim preclusion (or...more

Supreme Court Expands the Government Edicts Doctrine to Legislators

The law – judicial opinions, statutes, and regulations – cannot be copyrighted. In Georgia v. Public.Resource.Org, Inc., No.18-1150 (April 21, 2020), the US Supreme Court was presented with the question whether annotations,...more

Supreme Court Holds that Willfulness is Not a Requirement to an Award of an Infringer’s Profits

On April 23, the US Supreme Court resolved a six-six circuit split over whether a defendant must have willfully infringed a trademark for a plaintiff to obtain as a remedy the infringer’s profits. In Romag Fasteners, Inc. v....more

Supreme Court Holds that TTAB Decisions May Have Preclusive Effect, Raising Stakes for Trademark Agency Proceedings

On March 24, the US Supreme Court issued a decision that is likely to raise the stakes of proceedings before the Trademark Trial and Appeal Board (TTAB). In B&B Hardware, Inc.v. Hargis Industries, Inc., No. 13-352 (March 24,...more

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