Popular, Lanham Act

Patent Poetry: Jury Awards $30 Million in Artificial Eyelash Patent Case

AEON Law on 9/19/2024

A federal court jury in Texas has awarded more than $30 million in damages to woman-owned beauty start-up Lashify Inc. The jury found that Qingdao Lashbeauty Cosmetic Co., a Chinese company doing business as Worldbeauty,...more

Understanding the Basics: What are Trademarks and Service Marks?

Whiteford on 6/7/2024

In the realm of professional associations, establishing a strong and recognizable brand is crucial. Trademarks and service marks are essential tools that not only protect your association's brand but also enhance its...more

ITU Applicants Beware: Federal Courts Have Jurisdiction Over Pending Trademark Applications

McDermott Will & Emery on 4/11/2024

The US Court of Appeals for the Ninth Circuit affirmed in part a district court’s ruling in a trademark dispute, upholding its decision to invalidate trademark applications. The Ninth Circuit held that district courts have...more

Artificial Intelligence Law - Intellectual Property Protection for your voice?

Vondran Legal on 1/22/2024

With the advent of AI technology capable of replicating a person's voice and utilizing it for commercial purposes, several key legal issues are likely to emerge under California's right of publicity law. The right of...more

Courts and Brand Owners Struggling With SCOTUS Decision Limiting Ability to Police Against Foreign Trademark Infringement

Seyfarth Shaw LLP on 8/9/2023

The U.S. Supreme Court’s end-of-term decision in Abitron v. Hetronic seems to have created more questions than answers about U.S. brand owners’ ability to leverage the federal Lanham Act in global trademark disputes. In the...more

Supreme Court Vacates and Remands the Lower Court's Ruling in Jack Daniel’s Properties Inc. v. VIP Products LLC

Sunstein LLP on 6/13/2023

In a case that has already garnered extensive media attention due to the fame of Jack Daniel’s whiskey and public curiosity regarding a trademark clash involving whiskey and dog toys, the U.S. Supreme Court issued a unanimous...more

To Parody or Not to Parody: The Supreme Court Weighs In

McDonnell Boehnen Hulbert & Berghoff LLP on 6/13/2023

Close on the heels of the unanimous decision in Amgen v. Sanofi, the Supreme Court handed down another unanimous decision in Jack Daniel’s v. VIP Products. Justice Kagan wrote the opinion, with Justice Sotomayor and Justice...more

Hermès Successfully Defends its Trademark in the Metaverse

Morrison & Foerster LLP on 2/10/2023

How far does a trademark extend into the digital art world? French luxury fashion brand Hermès sought to answer this question in its precedent-setting case against artist Mason Rothschild, which concluded with a win for...more

Intellectual Property Law: Looking Forward to 2023

Cadwalader, Wickersham & Taft LLP on 12/16/2022

With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023. Below are some of...more

Branding the Future: Advertising Law, the Metaverse, and NFTs - Part 1

Venable LLP on 8/29/2022

In his 1992 sci-fi thriller Snow Crash, author Neal Stephenson allowed his characters to escape from a dystopian Los Angeles into a completely virtual realm he called the metaverse. Thirty years later, in the age of...more

Developments in Association Law 2020-2021

Pillsbury Winthrop Shaw Pittman LLP on 12/30/2021

A review of key legal developments for nonprofit organizations at the federal and state levels in 2020 and 2021. Antitrust Torrey v. Infectious Diseases Society of America, No. 17-190 (E.D. Tex. Sept. 1, 2021), No. 407 &...more

First a Meme, Then a Cryptocurrency, and Now an $80 Billion Brand? Dogecoin Continues Its Rollercoaster Journey into the USPTO.

Dorsey & Whitney LLP on 10/5/2021

What first started as a meme featuring a fluffy dog with poor grammar has now resulted in a trademark fight over the ownership of an estimated $80 billion brand. If the progression of this Internet sensation has left your...more

IP Implications of the Consolidated Appropriations Act, 2021

McDermott Will & Emery on 1/14/2021

On December 27, 2020, Congress signed the Consolidated Appropriations Act, 2021, into law. The omnibus act includes new legislation affecting patent, copyright and trademark law. A brief summary of key provisions is provided...more

FTC Takes Action Against Purported COVID-19 Supplement

Fox Rothschild LLP on 11/2/2020

Since the COVID-19 pandemic began, the Federal Trade Commission (FTC) has cracked down on companies purporting to sell products that can alleviate or prevent symptoms of COVID-19. Recently, the FTC announced its approval of a...more

This Week at the Ninth: In Rem and Out of Time

Morrison & Foerster LLP - Left Coast Appeals on 8/30/2020

This week, the Ninth Circuit creates a potential circuit split on personal jurisdiction in in rem proceedings, and clarifies whether a post-judgment motion for attorneys’ fees extends the time to appeal (spoiler alert: it...more

Intermediary Liability and Indirect Infringement for Marketplaces in Europe and the United States

Haug Partners LLP on 7/11/2020

Counterfeiters often act through intermediaries, including online marketplaces, social media companies, and internet service providers (“ISPs”), that may not be aware that their services are being used for infringing...more

Booking.whocares: SCOTUS Issues a Headline-Making Trademark Decision… But Does It Really Matter?

Foley Hoag LLP - Making Your Mark on 7/10/2020

On June 30, amidst the traditional flurry of end-of-term opinions, the Supreme Court issued its decision in the first case to have been argued before it via teleconference, United States Patent and Trademark Office et al. v....more

OTA & Travel Distribution Update: Radisson partners with Hotelbeds; Expedia offers more details on its partner recovery program

Foster Garvey PC on 7/10/2020

Perhaps it was Canada Day or the Fourth of July holiday weekend, but last week was relatively quiet in the distribution world. Enjoy....more

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