Latest Publications

Share:

Recovering Attorneys’ Fees Is Not a Snap

Addressing an award of attorney’s feeds under the Lanham Act and Second Circuit law, as well as under the Patent Act, the US Court of Appeals for the Federal Circuit vacated and remanded the issue of attorneys’ fees and...more

Hair Care Company Can’t Wash Away Absence of Infringement

In an opinion concerning likelihood of confusion of a weak mark, the US Court of Appeals for the Fourth Circuit affirmed partial summary judgment in favor of a defendant in a trademark infringement case concerning hair care...more

Satisfaction of Lanham Act Use “in Commerce” Requirement Does Not Require Much

In a decision addressing the use “in commerce” requirement under the Lanham Act, the US Court of Appeals for the Federal Circuit reversed and remanded a Trademark Trial and Appeal Board (TTAB) decision cancelling a trademark...more

11th Circuit Shoots Down Firearms Retailer’s Appeal in Trademark Infringement Case

Addressing issues of priority and secondary meaning, the unlawful use defense and the right to jury trial, the US Court of Appeals for the 11th Circuit affirmed a district court’s judgment in favor of a firearms manufacturer...more

Use of Judicial Notice in Likelihood of Confusion Analysis Held Improper

Addressing the likelihood of confusion for competing marks used in connection with financial services, the US Court of Appeals for the First Circuit largely reversed the district court’s finding that the defendant’s use of...more

Infringement of Microscope Photos Yields Magnified Damages

Addressing several issues concerning damages in a copyright infringement case, the US Court of Appeals for the Third Circuit affirmed a jury’s award of $1.6 million to a stem-cell photographer, but vacated and remanded the...more

Circuit to District Court: Pucker Up for a Remand

Addressing the application of the Sleekcraft likelihood-of-confusion factors in the context of a summary judgment motion, the US Court of Appeals for the Ninth Circuit reversed the district court’s grant of summary judgment,...more

Not What the Doctor Ordered: Injunction Ruled Too Narrow in Trademark Infringement Case

Addressing the scope of injunctive relief awarded in a trademark infringement case, the US Court of Appeals for the Second Circuit affirmed a district court’s finding of a likelihood of confusion, but vacated, reversed and...more

Examiner.com Sails to Victory in DMCA Safe Harbor

Addressing whether the owner of a media website could invoke the safe harbor provision of the Digital Millennium Copyright Act (DMCA), the US Court of Appeals for the 10th Circuit affirmed the district court’s grant of...more

Glass Half Full for Russian Federation Successor’s Stolichnaya Infringement Saga (Fed. Treasury Enter. Sojuzplodoimport et al. v....

Addressing issues of international comity, res judicata, and laches, the U.S. Court of Appeals for the Second Circuit affirmed in part and vacated in part the district court’s decision concerning a dispute over rights to the...more

Merry Christmas! Rights to “Santa Claus’ Is Comin’ to Town” Return to Songwriter’s - Baldwin v. EMI Feist Catalog, Inc.

Baldwin v. EMI Feist Catalog, Inc.Addressing issues of copyright ownership and the effectiveness of copyright termination notices, the U.S. Court of Appeals for the Second Circuit reversed the district court’s summary...more

A Spin of the Wheel Results in Broader Injunctive Relief - CFE Racing Products, Inc. v. BMF Wheels, Inc.

Addressing numerous evidentiary issues arising during the course of a jury trial, as well as the scope of a permanent injunction, the U.S. Court of Appeals for the Sixth Circuit affirmed in part and remanded in part the...more

Timing Is Everything—Objective Evidence of Bona Fide Intent to Use Necessary at the Time of Filing Application - M.Z. Berger & Co....

Addressing what constitutes sufficient evidence of “bona fide intent” to use a trademark in commerce, the U.S. Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB or Board) decision...more

Portion of California Resale Royalty Act Struck Down as Unconstitutional - Sam Francis Found. v. Christie’s, Inc.

Addressing the constitutionality of California’s Resale Royalty Act, Cal. Civ. Code § 986 (“the Act”), the U.S. Court of Appeals for the Ninth Circuit held that a portion of the Act violated the dormant Commerce Clause of the...more

Party Over for Claimed Mardi Gras Bead Dog Trademarks - Nola Spice Designs, L.L.C. v. Haydel Enterprises, Inc., et. al.

Addressing issues of trademark validity and substantial similarity in a copyright infringement claim, the U.S. Court of Appeals for the Fifth Circuit upheld a district court’s grant of summary judgment that the challenged...more

Offering of Services Alone Insufficient Basis for § 1(a) Trademark Application - David Couture v. Playdom, Inc.

Addressing for the first time whether the offering of a service was sufficient “use in commerce” under the Lanham Act, the U.S. Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB)...more

Illinois Trust Taxation Deemed Unconstitutional

Ruling creates planning opportunities to minimize income taxes. In Linn v. Department of Revenue, the Illinois Fourth District Appellate Court reviewed the state’s statutory framework for taxing trusts. Linn v....more

3/31/2014  /  Income Taxes , Property Tax , Trusts

IP Update, Vol. 16, No. 6, June 2013

Patents / Patent Eligible Subject Matter - Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter -- AMP et al. v. Myriad Genetics, Inc.: In a 9–0 decision the Supreme...more

18 Results
/
View per page
Page: of 1

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.