n a decision that strongly endorsed the principle of corporate separateness – where a company’s affiliates are not financially responsible for the legal obligations of their parent – the U.S. Supreme Court unanimously...more
3/4/2025
/ Appeals ,
Corporate Governance ,
Corporate Liability ,
Corporate Misconduct ,
Dewberry Group Inc v Dewberry Engineers Inc ,
Disgorgement ,
Intellectual Property Protection ,
Litigation Strategies ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation
In August 2023, a federal appeals court upheld a district court case ruling that declined to apply the principle of corporate separateness – that corporations have no liability for their affiliates’ actions or obligations....more
A case involving the U.S. Patent and Trademark Office (USPTO)’s refusal to register the trademark TRUMP TOO SMALL for tee shirts has made its way to the U.S. Supreme Court. The justices recently agreed to a USPTO request to...more
The U.S. Supreme Court, in a unanimous decision, vacated a decision by the Ninth Circuit that in effect barred trademark infringement and dilution claims against the use of a trademark that parodies the plaintiff’s trademark....more
6/29/2023
/ Cease and Desist ,
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
Recently, the U.S. Supreme Court ruled 7-2 against the Andy Warhol Foundation in a copyright dispute over a portrait of Prince that Warhol created using a photograph by another artist, Lynn Goldsmith.
"The court's opinion...more
6/9/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Derivative Works ,
Fair Use ,
Fine Art ,
Intellectual Property Protection ,
SCOTUS ,
The Copyright Act ,
Transformative Use
On December 27, 2020, President Trump signed the COVID-19 relief and government funding bill, which incorporated The Trademark Modernization Act of 2020 (“TMA”) and the Copyright Alternative in Small-Claims Enforcement Act of...more