Akerman LLP - Marks, Works & Secrets

On June 8, 2015, the New York County Supreme Court dismissed with prejudice eight of twelve state law claims brought by a producer seeking damages for the purportedly unauthorized use of his music in a world-wide production of…more

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Ross Charap

BMI Redux: BMI Seeks To Move To “Clarify” The DOJ Position On Partial Licenses

As we have previously blogged, the Department of Justice (“DOJ”) rejected proposed modifications to the existing Broadcast Music, Inc. (“BMI”) and American Society of Composers, Authors and Publishers (“ASCAP”) consent decrees…more

Antitrust Division, ASCAP, BMI, Consent Decrees, Department of Justice (DOJ)

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Victoria Doyle

Not Funny! Unanimous SCOTUS in Jack Daniel’s v. VIP Holds That Parody Does Not Implicate First Amendment Concerns, But Only Implicates Likelihood of Confusion

On June 8, 2023, the Supreme Court unanimously decided the trademark parody case captioned Jack Daniel’s Properties, Inc. v. VIP Products LLC in favor of Jack Daniel’s, and against the dog toy manufacturer and serial parodist…more

Dilution, First Amendment, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC, Lanham Act

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Patricia Flanagan

B&B Hardware Precludes Defense To Likelihood Of Confusion In District Court

In 2015, the Supreme Court, in its decision in B&B Hardware, Inc. v. Hargis Industries, Inc. (“B&B”), held that sometimes issue preclusion should apply to prior Trademark Trial and Appeal Board (“TTAB”) decisions. 135 S. Ct…more

B&B Hardware v Hargis Industries, Intellectual Property Protection, Likelihood of Confusion, SCOTUS, Trademark Infringement

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Evelina Gentry

The Supreme Court Limits the Extraterritorial Application of the Lanham Act

On June 29, 2023, the Supreme Court in Abitron Austria GmbH v. Hetronic International, Inc., limited the extraterritorial reach of the Lanham Act. The majority opinion was written by Justice Alito and joined by Justices Thomas,…more

Abitron Austria GmbH v Hetronic International Inc, Extraterritoriality Rules, Intellectual Property Protection, Lanham Act, SCOTUS

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Peter Hawkins

It Ain’t Over ‘Til It’s Over: 6th Circuit Confirms That Post-Trial Motions Toll The Deadline To File Attorneys’ Fees Motions And Extends Octane Fitness To Trademark Litigations

In Slep-Tone Entertainment Corp. v. Karaoke Kandy Store, et al., No. 14-3117 (6th Cir. April 6, 2015), the Sixth Circuit confirmed that post-trial motions toll the deadline for filing motions for attorneys’ fees under Rule 54…more

Attorney's Fees, Exceptional Case, Rule 54, Trademark Infringement, Trademarks

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Mark Lafayette

Will the COVID-19 Pandemic Impact Your Ability to Secure an “Incontestable” Trademark?

Section 15 of the Lanham Act, subject to certain specified exceptions, provides that the right of an owner “to use [a] registered mark in commerce for the goods or services on or in connection with which such registered mark has…more

Coronavirus/COVID-19, Goods or Services, Intellectual Property Protection, Lanham Act, Trademark Invalidity

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Julia Lissner

Application or Registration? Eleventh Circuit Widens Circuit Split

The Eleventh Circuit has widened the circuit split on whether a copyright application or completed registration is required before filing a copyright infringement lawsuit. In Fourth Estate Public Benefit v. Wall-Street.com, the…more

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Sara Mandelbaum

Discovery Sanctions Affirmed Despite Dwarfing Potential Value of Entire Case

In Klipsch v. ePRO, the Second Circuit affirmed discovery sanctions commensurate with the costs incurred by the moving party in addressing the sanctionable conduct ($2.68 million), as well as security for the sanctions,…more

Counterfeit Goods Regulation, Discovery, Electronically Stored Information, Evidence, Injunctive Relief

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Rebecca McFadyen

Adjustments to Copyright Act Timing Provisions for Applicants Affected by COVID-19

On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which added § 710 to the Copyright Act. § 710 explains that if the Register of Copyrights determines that a…more

CARES Act, Copyright Applications, Coronavirus/COVID-19, Intellectual Property Protection, The Copyright Act

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Alissa Pohlman

The New Joint DOJ/FTC Antitrust Guidelines for the Licensing of Intellectual Property

On January 12, 2017, the U.S. Department of Justice and the Federal Trade Commission released updated Antitrust Guidelines for the Licensing of Intellectual Property (the “Guidelines”). These Guidelines replaced those issued on…more

Antitrust Provisions, Copyright, Department of Justice (DOJ), Federal Trade Commission (FTC), Licensing Rules

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Amy Price

The Ray Charles’s Foundation Doesn’t Have to “Hit the Road Jack”: Ninth Circuit Permits Foundation to Challenge the Validity of Copyright Termination Notices Served by Ray Charles’s Heirs on Third Party Grantees

On July 31, 2015, the Ninth Circuit reversed the Central District of California’s dismissal of an action brought by the Ray Charles Foundation, seeking, among other things, a judicial determination of the validity and…more

Article III, Audio Recording, Copyright, Irrevocable Trusts, Music Industry

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Rachel Rudensky

What’s in a Name: SDNY Grants Preliminary Injunction Enforcing Contractual Bar Against Designer’s Use of Her Own Name

In a fifty-seven-page memorandum opinion and order, the United States District Court for the Southern District of New York granted a fashion brand its motion for a preliminary injunction preventing its lead designer from using…more

Advertising, Arrangement and Promotion, Contract Terms, Employment Contract, Fashion Branding

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Ira Sacks

The Supreme Court Limits the Extraterritorial Application of the Lanham Act

Abitron Austria GmbH v Hetronic International Inc, Extraterritoriality Rules, Intellectual Property Protection, Lanham Act, SCOTUS

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Jamie Shyman

FTC Acts Against Warner Brothers’ YouTube Promotion Campaign: Disclosure of Affiliation Below the “Fold” Is Not Enough

Last week, the FTC announced an agreement containing a consent order, subject to final approval, resolving its claims against Warner Bros. Home Entertainment Inc. (“Warner Bros.”) for the company’s misleading use of social media…more

Corporate Counsel, Digital Media, Facebook, False Advertising, Federal Trade Commission (FTC)

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Akerman LLP - Marks, Works & Secrets

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