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Your “Chicken Scratch” May Be Confusing 

In Re R.S. Lipman Brewing Co., LLC, 2025 WL 1099603 (Fed. Cir. Apr. 14, 2025) - Be careful when selecting a name for your product, otherwise you might find yourself cooked at the United States Patent and Trademark Office...more

Sheeran Strikes a Chord: Second Circuit Finds No Infringement of “Let’s Get It On”

Structured Asset Sales, LLC v. Sheeran, No. 18-cv-5839 (2d Cir. Nov. 1, 2024) - On November 1, 2024, the Second Circuit affirmed the district court’s entry of summary judgment that Ed Sheeran’s Thinking Out Loud (“TOL”)...more

Paws vs. Jaws: Dawgs Take on Crocs in The Federal Circuit

Crocs, Inc. v. Effervescent, Inc., No. 1:06-cv-00605 (Fed. Cir. October 3, 2024) - On October 3, 2024, the Federal Circuit held that a party may be liable for false advertising violations under Section 43(a)(1)(B) of the...more

Obtaining Attorneys’ Fees: Exceptional Facts, Not Policy 

Lontex Corp. v. Nike, Inc., 107 F.4th 139 (3d Cir. 2024) - On July 10, 2024, the Third Circuit vacated and remanded the district court’s decision to award attorneys’ fees to plaintiff Lontex, a sports apparel brand whose...more

The Limit Does Not Exist: No Time Limitation on Copyright Damages  

Warner Chappell Music v. Nealy, No. 22-1078, 601 U.S. (2024) - On May 9, 2024, the Supreme Court held that copyright owners may obtain damages beyond the three-year statute of limitations under the Copyright Act. As this...more

Rapper Fat Joe Accused of Denying Rights in Hit Single

Elliott v. Cartagena, No. 22-225 (October 17, 2023, 2d Cir.) - Nothing can stop Fat Joe, he’s all the way up…except perhaps, the Second Circuit. On October 17, the Second Circuit overruled the S.D.N.Y.’s dismissal of a...more

10/26/2023  /  Authorship , Copyright , Music , Song Lyrics

A Rare Injunction In An Injunction-less Patent System 

After first granting a request for an interim stay of an injunction entered against Evenflo Co. Inc. for selling certain car seats which were found to infringe patents owned by Wonderland Switzerland AG, the Federal Circuit...more

Experts Walk the Line: Avoiding Exclusion of Testimony as Legal Opinions

Courts continue to measure that fine line between reliable expert testimony and legal opinion that patent experts constantly walk on. In a recent opinion, the Eastern District of Texas denied a patentee’s motion to exclude...more

American Purchasers Poke Holes in Swiss Cheese Certification: Interprofession du Gruyere v. US Dairy Exp. Council, No. 22–1041...

This week, the Fourth Circuit affirmed the United States Trademark Trial and Appeal Board’s (“TTAB”) and subsequent Eastern District of Virginia’s (“District Court”) summary judgment finding that “GRUYERE” could not be...more

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