News & Analysis as of

Petition for Writ of Certiorari Trademarks

Fox Rothschild LLP

U.S. Supreme Court to Decide Damages Issue in Trademark Dispute Involving Construction Engineering Firm

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Dewberry Engineers Inc. (“Dewberry Engineers”), a prominent engineering firm, has been locked in an on-again, off-again trademark dispute with a real estate development firm called Dewberry Group, Inc. (“Dewberry Group”) for...more

Womble Bond Dickinson

U.S. Supreme Court Alert: If you copy an unpatented furniture design, does that help prove that the design was iconic and...

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Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means...more

Foley & Lardner LLP

The Laws of Fashion: What's Trending in 2023

Foley & Lardner LLP on

The fashion industry has experienced another year of continued change driven by consumer trends, innovation in technology, geopolitical and public health issues, and legal developments, and we don’t anticipate that stopping...more

Akerman LLP - Marks, Works & Secrets

Cert. Granted in Abitron to Clarify Boundaries for Extraterritorial Application of Lanham Act

In Abitron Austria GmbH v. Hetronic International, Inc., Oklahoma-based Hetronic, maker of radio remote controls for heavy-duty construction equipment, sued its former distributor Abitron (from Austria) for selling copycat...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - February 2023: 2(c) or Not 2(c)?

Late last week, the USPTO issued Examination Guide 1-23 which establishes guidelines for USPTO Examining Attorney compliance with Section 2(c) of the Lanham Act. The Guide provides a framework for examining certain types of...more

McDermott Will & Emery

2023 IP Outlook: Trademark and Copyright Supreme Court Update

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Three interesting intellectual property cases are on the Supreme Court of the United States’ docket in 2023. The Supreme Court’s opinions in these cases could have significant implications for trademark and copyright disputes...more

Dorsey & Whitney LLP

So, Nine Justices Walk into a Bar...SCOTUS to Consider Role of Humor in Infringement and Dilution Claims

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Justices of the Supreme Court will soon put on their whiskey glasses to decide the proper tests for infringement and dilution claims involving humorous use of another’s trademark. The Court granted certiorari in November to...more

Proskauer Rose LLP

Three Point Shot - November 2022

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NBA Properties Lands Slam Dunk in Intellectual Property Win Heard Around the Globe - NBA Properties, Inc. (“NBAP”), the exclusive licensee of the National Basketball Association (“NBA”) and NBA teams’ distinctive trademarks,...more

Miller Nash LLP

Second Time Lucky? Supreme Court Grants Cert in Jack Daniel’s Dog Toy Case

Miller Nash LLP on

The United States Supreme Court has granted certiorari to Jack Daniel’s distillery in its appeal of a Ninth Circuit decision holding that a dog toy manufacturer’s use of the Jack Daniel’s trademarks and label design is...more

Miller Nash LLP

Supreme Court May Review Trademark Territoriality

Miller Nash LLP on

The United States Supreme Court has a new opportunity to look at whether a U.S. trademark owner can recover damages for infringing uses of the owner’s mark occurring outside the United States....more

BakerHostetler

Solicitor General Recommends that Supreme Court Accept Review of Case Involving Extraterritorial Reach of U.S. Trademark Law

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​​​​​​​In a May 2022 post, we noted that the Supreme Court called for the views of the Solicitor General on whether to accept review of Abitron Austria GmbH v. Hetronic International, Inc., a case involving the international...more

BakerHostetler

Supreme Court Calls for Views of Solicitor General on Petition Involving International Reach of U.S. Trademark Law

BakerHostetler on

This morning, the Supreme Court called for the views of the Solicitor General on the pending petition for writ of certiorari in Abitron Austria GmbH v. Hetronic International, Inc. In Abitron, the Court of Appeals for the...more

Lathrop GPM

The Franchise Memorandum - Issue # 263

Lathrop GPM on

Illinois Federal Court Excludes Plaintiffs’ Expert Testimony on Certification Motion in Anti-Poaching Class Action - A federal court in Illinois granted Jimmy John’s motion to exclude expert testimony of a putative class...more

Miller Canfield

IP Litigation Quarterly Update

Miller Canfield on

Introducing the IP Litigation Quarterly Update, a quarterly newsletter summarizing noteworthy and interesting opinions related to intellectual property law. In this first edition covering the first quarter of 2020, the...more

Akerman LLP - Marks, Works & Secrets

Cert. Roundup

The American Bar Association (“ABA”) filed an amicus brief with the Supreme Court in support of the petitioner in Romag Fasteners, Inc. v. Fossil, Inc., No. 18-1233....more

Snell & Wilmer

Is “Booking.com” Generic? We’ll Booking.See

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By Andy Halaby The Supreme Court’s decision in United States Patent & Trademark Office v. Booking.com to take up whether booking.com is generic, and thus unprotectable as a trademark, is intriguing....more

Katten Muchin Rosenman LLP

Kattison Avenue | Issue 1 - Fall 2019

Welcome to the inaugural edition of Kattison Avenue, a newsletter examining the hot topics in advertising from Katten’s office on Madison Avenue in New York City and beyond. As we prepared to launch our first issue, we wanted...more

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 19

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. ...more

Fenwick & West LLP

Will SCOTUS Resolve the Circuit Split on Key Trademark Damages Issue?

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A petition for writ of certiorari pending before the U.S. Supreme Court asks the Court to decide whether a plaintiff must prove willful infringement to obtain an award of a trademark infringer’s profits for a violation of 15...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2019

Fenwick & West LLP on

Avoiding the Top 5 Potholes for Autonomous Transportation Startups - Autonomous transportation technology was widespread at the 2019 Consumer Electronics Show. Advances in object identification, mapping, machine learning,...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market - February 2019: Trademark Practice Update: Outrageous! Disgraceful! Appalling!...or is it? SCOTUS to Decide the...

U.S. trademark attorneys received a New Year’s surprise last month when the Supreme Court of the United States agreed to hear Iancu v. Brunetti, the case that should determine the availability of federal trademark...more

Jones Day

The Price of Success: Fourth Circuit Affirms PTO Award

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A party appealing a PTO decision must pay the PT0's expenses regardless of the applicant's success. Booking.com successfully challenged the United States Patent and Trademark Office's ("PTO") refusal to register its mark...more

Nossaman LLP

Supreme Court Agrees to Address Uncertainty About Trademark Licenses in Bankruptcy Cases

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Pursuant to 11 U.S.C. § 365, a debtor or bankruptcy trustee has the option, subject to court approval, of electing one of the following three alternatives with respect to an executory contract...more

Akerman LLP - Marks, Works & Secrets

Disparaging, Immoral and Scandalous Trademarks in the Supreme Court: Beyond Tam to Brunetti

This blog has followed the evolving judicial views concerning disparaging trademarks, culminating in the Supreme Court’s decision in in Matal v. Tam, 137 S. Ct. 1744 (June 19, 2017)....more

Ladas & Parry LLP

SCOTUS Decides To Hear Iancu v. Brunetti Regarding ‘offensive’ Word As A Trademark

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The U.S. Supreme Court decided last week to hear the case of Iancu v. Brunetti regarding the possibility that the Lanham Act violates a fashion designer’s freedom of speech...more

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