The Briefing: The Supreme Court Limits the Reach of The Lanham Act [PODCAST]
Emerging Strategies for Protecting Global IP Rights
Patent Series: Protecting inventions
Video Game Lawsuit Highlights Intellectual Property Issues with Internet Memes
Harlem Shake's Copyright Issues
Apple Loses First 'Big' Case to MobileMedia, Lawyer Says
Copyright Safe Harbors: Establishing Protection Against Infringement Claims
On June 11, 2024, Representatives Jerry Nadler (D-NY) and Darrell Issa (R-CA) of the US House of Representatives Judiciary Subcommittee on Courts, Intellectual Property, and the Internet reintroduced the Stopping Harmful...more
A North Carolina state lawmaker has filed a bill to ban prop bets on college sports in the state, following the call of the NCAA president and similar bans in other states. Durham Democratic Rep. Marcia Morey, a former U.S....more
The NCAA and the Power 5 conferences have told a CA federal judge that the “highly varied and diverse ways” schools compensated athletes after the 2021 Alston Supreme Court decision make it implausible to certify the class...more
According to the relevant provisions of China’s Regulations on Customs Protection on Intellectual Property Rights, the IP right holder may request the customs to detain the suspected infringing goods. After the customs...more
The U.S. Supreme Court recently decided that trademark infringement claims under the Lanham Act only apply if the infringing “use in commerce" occurs in the United States. Scott Hervey and Tara Sattler talk about this case on...more
Punitive damage is a special form of civil liability, which could achieve the purpose of punishment while making up for losses. On 3 March 2021, the Supreme People’s Court issued the Interpretation of the Supreme People’s...more
Fashion houses Fendi and Marc Jacobs have been sued for trademark infringement in the United States District Court for the Central District of California by another clothing company known as Roma Costumes, Inc. According to...more
The EDPB sets out relevant steps and factors that EU supervisory authorities should consider when calculating administrative fines under the GDPR. On 16 May 2022, the European Data Protection Board (EDPB) adopted draft...more
In the 3D virtual world known as the metaverse, pioneering enterprises are exploring ways to capitalize on this new frontier's growing popularity. As expected, the use of company marks and brands is becoming an issue to...more
Earlier this month sports apparel giant Nike sued StockX LLC, a Michigan-based sneaker and streetwear resale marketplace, for offering to its customers non-fungible tokens (NFTs) depicting Nike’s sneakers. The claims...more
The United States Court of Appeals for the Second Circuit recently affirmed a decision by the District Court for the Southern District of New York, finding that refurbished antique watches retaining an original manufacturer’s...more
The US Court of Appeals for the Sixth Circuit affirmed a district court’s stay of a permanent injunction against copyright infringement and trade secret misappropriation, permitting the infringer to continue use of an...more
The COVID-19 pandemic may have had an adverse impact on your brick-and-mortar retail sales, but hopefully has resulted in an uptick in your online retail sales. And when it comes to online retail sales, Amazon is the river,...more
The Counterfeit Goods Seizure Act of 2019 aims to close a loophole in the current law and provide U.S. Customs the authority to seize counterfeit goods infringing design patents....more
On 23 April 2019, both China’s Trademark Law (“TML“) and its Anti-Unfair Competition Law (“AUCL“) were amended. The amendments to the TML are aimed at curbing bad faith trademarks and increasing damages for infringement,...more
Another milestone for cease and desist orders has been reached in Germany. The German Federal Supreme Court has clarified in a number of decisions that defendants in cease and desist orders not only have to cease the...more
As the first-filed paper in nearly any litigation, the complaint is typically subject to rigorous scrutiny from the named defendant to identify any flaws that may dispatch the case via a motion to dismiss. A plaintiff in the...more
Intellectual property (IP) issues are increasingly important factors in merger and acquisition (M&A) transactions. Of the various industry sector transactions included in recent American Bar Association (ABA) Business Law...more
In a recent decision, Judge Vanessa L. Bryant shed some light on a significant new issue: trademark infringement in the world of internet keyword advertising. In a case with important implications for online marketing...more
International Information Systems Security Certification Consortium (known as ISC2) is a non-profit organization that owns a registered certification mark for the term CISSP® (meaning “Certified Information Systems...more
On September 9, 2015, the United States District Court for the Southern District of New York ruled that Costco was willfully infringing Tiffany & Co.’s trademarks by selling diamond engagement rings bearing the renowned...more
In the latest chapter of a year-long battle between an individual inventor and two companies, Lisa Duer (“Duer”), a resident of Woodstock, Georgia, filed her Third Amended Complaint alleging patent infringement, trademark...more
The Supreme Court of the United States, in a unanimous decision stated that “because the tacking inquiry operates from the perspective of the ordinary purchaser or consumer, we hold that a jury should make this...more
On December 2, 2014, the United States Supreme Court heard oral argument in B&B Hardware, Inc. v. Hargis Industries, Inc.. The question before the Supreme Court is how much deference, if any, a federal district court hearing...more
Diageo Enforces Trade Dress Rights in its CROWN ROYAL Drawstring Bag - Diageo owns a registration for the mark CROWN ROYAL for whiskey. Diageo has sold its CROWN ROYAL whiskey in a purple drawstring bag for many...more