On May 9, 2024, in Warner Chappell Music, Inc. v. Nealy, the U.S. Supreme Court held that the Copyright Act permits a copyright owner to recover damages for infringing acts that occurred more than three years before bringing...more
5/13/2024
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Damages ,
Discovery Rule ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
SCOTUS ,
Statute of Limitations ,
The Copyright Act ,
Warner Chappell Music v Nealy
On June 29, 2023, in Abitron Austria GmbH v. Hetronic International, Inc., the U.S. Supreme Court ruled that the Lanham Act does not have an extraterritorial scope and applies only in cases where the alleged infringing “use...more
7/14/2023
/ Abitron Austria GmbH v Hetronic International Inc ,
Appeals ,
Extraterritoriality Rules ,
Foreign Jurisdictions ,
Foreign Sales ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trademark Protection ,
Lanham Act ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Use in Commerce
On December 18, 2021, the U.S. Patent and Trademark Office (USPTO) rules implementing the Trademark Modernization Act of 2020 (TMA) went into effect. The first major overhaul of the Lanham Act since 1998, the TMA introduced...more
1/14/2022
/ Ex Partes Reexamination ,
Expungement ,
Intellectual Property Protection ,
Lanham Act ,
Trademark Application ,
Trademark Cancellation ,
Trademark Modernization Act (TMA) ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
The United States Patent and Trademark Office ("USPTO") has announced increases and adjustments of certain trademark and Trademark Trial and Appeal Board ("TTAB") official fees, effective January 2, 2021. These changes follow...more
On April 23, 2020, in Romag Fasteners, Inc. v. Fossil Group, Inc., the U.S. Supreme Court ruled that a trademark owner need not prove willful infringement to recover an award of the infringer’s profits. This unanimous...more
4/28/2020
/ § 1125(a) ,
§ 1125(c) ,
Appeals ,
Burden of Proof ,
Charge-Filing Preconditions ,
Compensatory Awards ,
Dilution ,
Lanham Act ,
Lost Profits ,
Remand ,
Remedies ,
Romag Fasteners v Fossil ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated ,
Willful Infringement
In accordance with the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"), the United States Patent and Trademark Office ("USPTO") has announced extensions of the time allowed to file certain patent and...more
Trademark scams are on the rise. Over the past year, Sullivan has seen a significant increase in the number of clients who have received misleading solicitations and invoices relating to their trademarks. Every brand...more
12/9/2019
/ European Union Intellectual Property Office (EUIPO) ,
Federal Trade Commission (FTC) ,
Intellectual Property Protection ,
Phishing Scams ,
Scams ,
Trademark Expiration ,
Trademark Ownership ,
Trademark Registration ,
Trademark Renewal Applications ,
Trademarks ,
USPTO ,
WIPO
The United Kingdom has voted to leave the European Union (the Brexit). In the short term, the Brexit vote will not impact trademark rights in Europe. The Brexit will not affect national UK trademark registrations, and EUTM...more
How much control should athletes have over their names? Not an unlimited amount, according to one recent court ruling.
Late last month, in Dryer v. National Football League, the Eighth Circuit denied an appeal by three...more