“Dupes” are no longer just a social media trend or a consumer wink-wink. They are now a serious brand-protection issue sitting at the intersection of trademark law, design rights, and digital marketing. The key legal question is…
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/ Business Torts, Communications & Media Law, Intellectual Property
On January 16, 2026, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (“PTAB”) instituted two inter partes review (IPR) proceedings for Brooks Kushman client Ford Motor Company (“Ford”) and denied Patent…
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/ Intellectual Property
“What’s in a name?” That which we call a good, by any other name, would it be as valuable? Conceiving a trademark is much like crafting a poem – it should be original, distinctive, and memorable. Like Shakespeare’s language, a…
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/ Finance & Banking, Intellectual Property, Mergers & Acquisitions
Brooks Kushman serves as design patent counsel for Ford Motor Company and has closely followed this case. Attorneys Frank Angileri and Marc Lorelli from Brooks Kushman filed an amicus brief on Ford’s behalf in the en banc…
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/ Intellectual Property
The law for design patent obviousness may change in the upcoming months when a decision is issued from the Federal Circuit Court of Appeals from the February 2024 en banc rehearing of LKQ Corp. v. GM Global Technology Operations…
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/ Administrative Law, Intellectual Property, Science, Computers, & Technology
The U.S. Supreme Court’s recent decision in Warner Chappell Music, Inc. v. Nealy has profound implications for copyright disputes. This ruling recalibrates how damages are assessed and could lead to an increase filing of cases…
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/ Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property
The Federal Trade Commission (FTC) has introduced a transformative rule that bans most non-compete agreements across various industries.[1] Announced on April 23, 2024, following a 3-2 vote by the FTC Commissioners, the rule…
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/ Antitrust & Trade Regulation, Consumer Protection, Intellectual Property, Labor & Employment Law
The “Generative AI Copyright Disclosure Act of 2024” is a legislative proposal introduced by Representative Adam Schiff aimed at enhancing transparency in the AI industry. This act requires developers of AI models to disclose…
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/ Intellectual Property, Science, Computers, & Technology
Utah is poised to enforce the Utah Artificial Intelligence Policy Act (“UAIP;” S.B. 0149) a first-of-kind legislation that is going into effect on May 1, 2024. Starting next week, this act will introduce stringent requirements…
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/ Consumer Protection, Science, Computers, & Technology
ROYAL OAK, Michigan – Brooks Kushman recently secured a significant victory in an IPR dispute involving 4G wireless technology. Neo Wireless sued several automakers including Ford Motor Company for patent infringement. Ford and…
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/ Intellectual Property
The Chevron doctrine, stemming from the 1984 Supreme Court case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., has profoundly shaped the way U.S. regulatory agencies interpret and enforce federal statutes. By…
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/ Business Organizations, Civil Procedure, Intellectual Property
When we think of trademark infringement, unions don’t typically come to mind. However, in recent headlines, three different companies have alleged trademark infringement against their unions. These companies, Trader Joe’s,…
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/ Intellectual Property
Let’s say your employee, using company resources, develops a software algorithm that could revolutionize your product line. That’s great news, right? But before you issue a press release and pop the champagne corks, you must…
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/ Intellectual Property, Labor & Employment Law
The Cetaphil #GameTimeGlow commercial, aired before the 2024 Super Bowl, has garnered attention for its portrayal of a father and daughter bonding over football, indirectly tied to Taylor Swift’s appearances at Kansas City…
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/ Art, Entertainment, & Sports Law, International Law & Trade
In the 2023 Vans vs. MSCHF decision, the Second Circuit Court of Appeals ruled in favor of Vans, a known skateboarding footwear and apparel brand, against the New York art collective MSCHF. The case centered around MSCHF’s…
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/ Art, Entertainment, & Sports Law, Intellectual Property
