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A well-orchestrated intellectual property strategy requires carefully and thoughtfully leveraging copyright, trademark, and patent laws, as highlighted by a recent decision handed down by the United Sates Court of Appeals for...more
In this episode, Austin Padgett and Rusty Close delve back into the ongoing legal battle known as the "Cooler Wars" between YETI and RTIC. In Part 2, they discuss the various intellectual property strategies YETI employed to...more
Under federal trademark law, a winning trademark owner can seek a defendant’s profits from infringing use of the trademark. But just who is the “defendant” whose profits can be reached? Is it the corporate affiliate of the...more
In a unanimous (and unsurprising) decision on Wednesday, the Supreme Court vacated an award of nearly $43 million in disgorged profits to a trademark infringement plaintiff because those profits were not attributable to the...more
n a decision that strongly endorsed the principle of corporate separateness – where a company’s affiliates are not financially responsible for the legal obligations of their parent – the U.S. Supreme Court unanimously...more
The Supreme Court of the United States issued two decisions today: Dewberry Group, Inc. v. Dewberry Engineers, Inc., No. 23-900: The Court held that in awarding the “defendant’s profits” to the prevailing plaintiff in a...more
The US Court of Appeals for the Second Circuit vacated and remanded a district court’s dismissal of a complaint for trade dress infringement and unfair competition, finding that the district court erred in requiring the...more
The United States loses between $225 and $600 billion each year due to misappropriation of intellectual property — an estimated 50-80 percent of which has been attributed to China. While Chinese officials have taken steps to...more