Closing Argument: Opportunity and Challenge
Podcast - Impeaching with a Deposition
Winning Cases on Legal Issues Before and During Trial | Texas Appellate Law Podcast
Opening Statements: The Prohibition Against Argument
Proof in Trial: University of Louisville
Work This Way: A Labor & Employment Law Podcast - Episode 6: Digital Forensics & Protecting Trade Secrets with Clark Walton
Dealing with Evidence of Time, Distance and Speed
Law School Toolbox Podcast Episode 417: Listen and Learn -- Authentication of Evidence
Law School Toolbox Podcast Episode 410: Listen and Learn -- Relevance Issues (Evidence)
Bar Exam Toolbox Podcast Episode 225: Listen and Learn -- Authentication of Evidence
Bar Exam Toolbox Podcast Episode 214: Listen and Learn -- Relevance Issues (Evidence)
California Employment News: Synthesizing Evidence in a Workplace Investigation (Part 3)
Evidence Preservation: Handling the Issues in New York and New Jersey
Law School Toolbox Podcast Episode 352: Listen and Learn -- Best Evidence Rule
Bar Exam Toolbox Podcast Episode 182: Listen and Learn -- Policy Exclusions (Evidence)
Bar Exam Toolbox Podcast Episode 177: Listen and Learn -- Best Evidence Rule
Facing a Deposition: Tips and Strategies
The Presumption of Innocence Podcast: Episode 3 - The Science of Modern Digital Forensics
Law School Toolbox Podcast Episode 326: Listen and Learn -- Multiple Hearsay
Bar Exam Toolbox Podcast Episode 159: Listen and Learn -- Evidence: Expert vs. Lay Witness Testimony
Survey evidence can be used in trademark disputes to establish consumer perception and brand power. A recent Federal Court decision provides guidance on factors that may influence the admissibility of online survey evidence....more
When litigating trademark infringement cases in Colombia, the issue arises as to how the plaintiff should provide valid evidence of the damages arising from the unauthorized use of a trademark, as well as to what admissible...more
As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more
There are two sure-fire ways to maximize the chances that a consumer survey gets bounced out of federal court: (1) surveying the wrong people; and (2) leading them to a desired “correct” answer. Both of these survey maladies...more
The June 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses recent litigation surrounding copyright registration invalidation and implications of the increase in trademark application filings at the USPTO....more
In a recent non-precedential opinion, the TTAB affirmed a refusal to register Melissa & Doug, LLC’s red oval background mark (the “Proposed Mark”), finding that the acquired distinctiveness factors weighed against a finding...more
The US Patent and Trademark Office issued Examination Guide 3-20 on Oct. 28 to clarify procedures that trademark examiners should follow in view of the U.S. Supreme Court’s June 2020 ruling. As we discussed in a previous...more
On September 30, 2020, the Trademark Trial and Appeal Board ruled in favor of the assignee of the famous LEHMAN BROTHERS trademark against the registration that mark as a brand name for beer, spirits, and bar and restaurant...more
A federal appeals court has overturned Tiffany & Co’s $21 million judgment against Costco Wholesale over the retail chain’s sale of diamond engagement rings with the "Tiffany" name. Jones Day partners Meredith Wilkes and...more
Goodwin’s 337 Quarterly Insider remains the premiere publicly available source for keeping up to date on all meaningful decisions coming out of the Commission. Please find below Goodwin’s insights on the months of April, May,...more
Veronica Morales, a wedding/event planner providing services under the trademark BLUE IVY, has unsuccessfully challenged a pending application for the mark BLUE IVY CARTER, filed by BGK Trademark Holdings, LLC (Beyoncé...more
On 27 May 2020 WIPO launched new online business service, WIPO PROOF, that provides tamper-proof evidence of the existence at a point in time of any digital file, including data sets, in any format. The WIPO PROOF service...more
On August 28, 2019, the United States Patent and Trademark Office (“USPTO”) announced proposed changes to increase fees for a number of trademark-related matters. The new fee schedule will go into effect in August 2020, if...more
The United States Court of Appeals for the Eleventh Circuit affirmed liability under the “know or has reason to know” standard for contributory trademark infringement in Luxottica Group, S.p.A. v. Airport Mini Mall, a case...more
The Federal Circuit recently vacated part of its decision from three months ago, which held that “the Commission’s trademark decisions, like its patent decisions, do not have preclusive effect.” We reported on that decision....more
A decision from the Federal Circuit clarified how the USPTO should analyze evidence of fame under the fifth DuPont factor. The decision sheds light on how fashion brands can establish that their marks are famous through...more
On June 12, 2019, the U.S. Court of Appeals for the Seventh Circuit decided Bodum USA, Inc. v. A Top New Casting Inc., No. 18-3030, 2019 U.S. App. LEXIS 17555 (7th Cir. June 12, 2019). The case, led by Vedder Price...more
The US Court of Appeals for the 11th Circuit affirmed a district court’s finding that the mark GORILLA GYM, used by defendant for indoor pull-up bars and accessories, infringed the mark GORILLA PLAYSETS, long used by the...more
Reviewing a decision from the Trademark Trial and Appeal Board (TTAB), the US Court of Appeals for the Federal Circuit vacated and remanded the TTAB’s affirmation of an examining attorney’s refusal to register the trademark...more
When the European Union Intellectual Property Office (EUIPO) last week revoked the EU trade mark registration for the mark ‘BIG MAC’, following a challenge brought by an Irish fast-food chain, SUPERMAC’S, it was hailed by the...more
Relatives of the late conservative political activist, Phyllis Schlafly, lost their appeal to prevent the Saint Louis Brewery, LLC (“the Brewery”) from trademarking the Schlafly name in connection with various beer products...more
Over the first half year, we have covered a number of high profile cases heard before the General Court (GC) and the European Court of Justice (CJEU). Here’s a quick roundup of the cases with a takeaway summary for each...more
In This Issue - US Taxation of IP After Tax Reform - U.S. taxation of intellectual property has become astoundingly more complex after the Tax Cuts and Jobs Act. The new rules are so complex that the IRS and Treasury...more
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
A pair of recent decisions under the Canadian Internet Registration Authority (“CIRA”) Domain Name Dispute Resolution Policy (“CDRP”) demonstrate that a trademark owner who fails to obtain a domain name transfer at a first...more