Patent infringers take note: clever defenses by ingenious litigation counsel may come too late to save you from an award of exemplary damages. On Monday, June 13, in Halo Electronics v. Pulse Electronics and Stryker Corp. v....more
6/16/2016
/ 35 U.S.C. § 284 ,
Abuse of Discretion ,
Enhanced Damages ,
Halo v Pulse ,
Highmark ,
Judicial Discretion ,
Patent Infringement ,
Patents ,
Preponderance of the Evidence ,
SCOTUS ,
Standard of Proof ,
Standard of Review ,
Stryker v Zimmer ,
Willful Infringement
Memorial Day weekend is coming, marking the unofficial start of summer. The Southern District of New York has marked the occasion by entering a judgment for attorneys’ fees and costs against Mister Softee copycat, Master...more
As litigators, we help clients resolve conflicts that have matured into disputes. In the realm of cybersecurity, we defend claims brought by private parties or governmental entities against companies facing the fallout from...more
This week saw developments in the two cases challenging the application of Section 2(a) of the Lanham Act to their registration: In re Tam and Blackhorse v. Pro Football, Inc....more
4/28/2016
/ Blackhorse v Pro-Football ,
Disparagement ,
First Amendment ,
Football ,
Free Speech ,
Lanham Act ,
NFL ,
Petition for Writ of Certiorari ,
Redskins ,
SCOTUS ,
The Slants ,
Trademark Registration ,
Trademarks
As part of our continuing monitoring of this issue, we bring you the latest chapter in the saga over the registration of THE SLANTS trademark. After the en banc Federal Circuit struck down Section 2(a) as facially...more
4/2/2016
/ Appeals ,
Certiorari ,
Disparagement ,
En Banc Review ,
First Amendment ,
Mandamus Petitions ,
Popular ,
The Slants ,
Trademark Registration ,
Trademarks ,
USPTO
How much does the question of harm matter in cybersecurity law? The answer is: It depends on who is bringing the claim.
Businesses confronting data breaches can face litigation from private consumers as well as from...more
2/18/2016
/ Article III ,
Clapper v. Amnesty International ,
Cybersecurity ,
Data Breach ,
Enforcement Actions ,
FTC v Wyndham ,
Injury-in-Fact ,
LabMD ,
Neiman Marcus ,
Securities and Exchange Commission (SEC) ,
Standing ,
Unfair or Deceptive Trade Practices ,
Wyndham
In September, we discussed In re Tam and the potential for a showdown over the constitutionality of Section 2(a) of the Lanham Act. At that time, a panel of the Federal Circuit had recently upheld the PTO’s refusal to...more
1/5/2016
/ Chilling Effect ,
Commercial Speech ,
Disparagement ,
En Banc Review ,
First Amendment ,
Free Speech ,
Government Speech Doctrine ,
Redskins ,
The Slants ,
Trademark Registration ,
Trademarks ,
USPTO
For some of us who “summered” on the sweltering streets of New York City as children, the sound of the Mister Softee jingle triggers a Pavlovian response for that sweet, soft-serve ice cream. It was the perfect antidote for...more
Are we heading for a constitutional showdown over Section 2(a) of the Lanham Act? Will the Supreme Court strike down this prohibition on disparaging marks as an abridgement of First Amendment rights? It is certainly...more
9/23/2015
/ Disparagement ,
First Amendment ,
Free Speech ,
Lanham Act ,
Reed v Town of Gilbert ,
SCOTUS ,
Section 2 ,
Trademark Litigation ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks
Consider this: You are shopping online and you type in the name of a brand of wristwatch. Perhaps you wanted to purchase that exact brand of watch, or perhaps you were looking for a selection of watches that included the...more