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REMINDER: Electronic (Re-)Registration of DMCA Agent Required By December 31

Online service providers have until December 31, 2017 to register (or re-register) their designated DMCA takedown agent and maintain § 512(c) safe harbor eligibility. The Digital Millennium Copyright Act provides a safe...more

Chinese Website Operator Dismissed from Copyright Infringement Suit in United States

D.C. District Court lacks personal jurisdiction over Chinese video hosting website, providing guidance for analyzing jurisdiction over foreign internet companies. US law governing whether a court has personal...more

New DMCA Agent Registration Rules Essential to Section 512 Immunity

Recent copyright office rule changes could terminate an unsuspecting OSP’s eligibility for the DMCA’s safe harbor provisions. The Digital Millennium Copyright Act (DMCA) creates an important safe harbor from copyright...more

Ninth Circuit Applies Octane Fitness’ Loosened Fee-Shifting Standard to Trademark Cases

Ninth Circuit joins growing trend in circuit courts, which has practical implications for trademark litigants on both sides. Two years have passed since the US Supreme Court added some teeth to the Patent Act’s...more

New Game Plan: Federal Circuit Decision May Revive “Redskins” Trademarks

Federal Circuit finds that barring the registration of disparaging trademarks is unconstitutional, creating potential running room for the Washington Redskins. An appeal of the 2014 decision to cancel the REDSKINS...more

Trademark Tacking: Supreme Court Decides Who Decides

The United States Supreme Court settles circuit split, ruling that juries determine if a party’s revisions to a trademark impart the same commercial impression to consumers. Trademark owners often update their marks...more

POM Wonderful Decision: Companies Cannot Rely on FDCA for Protection from False Advertising Liability

The US Supreme Court allows private parties to bring Lanham Act claims challenging product labels that otherwise satisfy the Food, Drug, and Cosmetic Act. In a battle of the beverages, the Supreme Court recently...more

Ruling Extends Trade Secret Protection to Ideas

Altavion v. KMSL extends trade secret protection to valuable design concepts even when those design ideas are shared during a negotiation. Implications - In Altavion v. KMSL, the California Court of Appeal...more

EU Trademark Office Proclaims Black and White Are No Longer Colors

As OHIM announces three primary changes to the treatment of trademarks in color, trademark owners should review their marks to ensure adequate protection. The Office for Harmonization in the Internal Market (OHIM),...more

3/18/2014  /  EU , OHIM , Trademarks

Trade Secret Protection Plans: Guarding Against IP Theft

The theft of intellectual property poses a significant threat to American companies. Perry Viscounty, a partner at Latham & Watkins and Chair of its Orange County Intellectual Property Group, is well versed in the potential...more

1/16/2014

Win or Lose, Prepare to Pay the Government’s Attorney’s Fees

Federal judge requires parties challenging decisions of the Trademark Trial and Appeal Board to pay the government’s attorney’s fees In a matter of first impression, a Virginia District Court recently ruled that the...more

8 Key Revisions to Chinese Trademark Law: Promising Steps Toward IP Protection

China’s significantly revised trademark laws streamline the application process, provide greater protection for well-known marks, and impose harsher penalties on infringers. China has long been criticized for lax...more

10/16/2013  /  China , Trademarks
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