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Split of Authority Supreme Court of the United States Today's Popular Updates

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employers Need Only Use ‘Preponderance of Evidence’ Test to Show Workers Are Exempt From FLSA, Supreme Court Rules

On January 15, 2025, the Supreme Court of the United States held that employers need only demonstrate that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) by a...more

Hogan Lovells

U.S. Government urges Supreme Court to adopt reasonable interpretation of ATDS in TCPA case

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The Supreme Court recently granted certiorari in Facebook, Inc. v. Duguid to resolve a deepening circuit split on the question of what qualifies as an automatic telephone dialing system (ATDS or autodialer) under the...more

Womble Bond Dickinson

Sixth Circuit follows Second and Ninth Circuits in finding that an ATDS Encompasses Calls Dialed from a List

Womble Bond Dickinson on

Twenty days after the Supreme Court granted petition for writ of certiorari in Facebook v. Duguid to review the question of what constitutes an ATDS under the TCPA, the Sixth Circuit issued its own opinion addressing this...more

Womble Bond Dickinson

Supreme Court Will Review ATDS Definition

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In a decision that may have profound importance for TCPA litigation, the Supreme Court announced yesterday that it had granted the petition for writ of certiorari in the case Facebook v. Duguid, where the Court will review...more

Troutman Pepper Locke

Breaking: Supreme Court to Weigh in on TCPA’s Autodialer Definition

Troutman Pepper Locke on

On July 9th, the Supreme Court granted certiorari in Duguid v. Facebook to decide, once and for all, whether an automatic telephone dialing system (ATDS), as the Telephone Consumer Protection Act (TCPA) defines the phrase,...more

Polsinelli

Unanswered Questions in Light of Supreme Court’s Title VII Ruling

Polsinelli on

In Bostock v. Clayton County, Georgia, the United States Supreme Court held that “an employer who fires an individual merely for being gay or transgender violates Title VII.”  With its decision, however, the Supreme Court...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor: U.S. Supreme Court Issues Ruling on 'Actual Knowledge' Required to Trigger ERISA's Limitations Period

On February 26, 2020, the Supreme Court issued its decision in Intel Corp. Inv. Policy Comm. v. Sulyma, __. U.S. __, 140 S. Ct. 768 (2020). The Court unanimously held that Christopher Sulyma ("Sulyma") did not necessarily...more

King & Spalding

Supreme Court Declines to Resolve Circuit Split on TCPA Standing

King & Spalding on

On December 16, 2019, the Supreme Court denied DISH Network’s petition for certiorari seeking to overturn a $61 million judgment for Telephone Consumer Protection Act (“TCPA”) violations based on telemarking calls made to...more

Perkins Coie

Supreme Court Shields Trademark License From Licensor’s Rejection in Bankruptcy Court

Perkins Coie on

The U.S. Supreme Court’s recent decision in Mission Product Holdings, Inc. v. Tempnology, LLC, 139 S. Ct. 1652 (2019) that a trademark licensor’s rejection of a trademark license does not terminate the licensee’s right to use...more

Herbert Smith Freehills Kramer

Supreme Court Holds That Trademark Licensor’s Rejection Does Not Rescind or Terminate License

On May 20, 2019, in Mission Product Holdings, Inc. v. Tempnology, LLC, 587 U.S. ---, 139 S. Ct. 1652 (2019), the Supreme Court resolved a split among the circuits, holding that a licensor’s rejection of a trademark license in...more

Carlton Fields

Supreme Court: Trademark Owner in Bankruptcy Can’t Cancel Its Trademark Licenses

Carlton Fields on

What happens to the business of a trademark licensee when the licensor goes bankrupt has always been an uncertain gray area....more

Sands Anderson PC

Bankruptcy Rejection of Trademark License No Different Than Breach of License by Debtor

Sands Anderson PC on

Recently, in Mission Product Holdings, Inc. v. Tempnology, LLC, the Supreme Court of the United States decided that rejection of a trademark license by a licensor-debtor in bankruptcy generally does not rescind the right of a...more

Baker Donelson

Supreme Court Resolves Circuit Split to Hold that a Licensee's Trademark Rights Survive Following Rejection of the License in...

Baker Donelson on

On May 20, 2019, the Supreme Court resolved a significant issue of trademark and bankruptcy law that was decades in the making....more

Tarter Krinsky & Drogin LLP

Mission Accomplished: U.S. Supreme Court Favors Protection Of Trademark Licensee After Bankruptcy Court Rejection of Trademark...

On May 20, 2019, the U.S. Supreme Court issued a long-awaited and important decision in Mission Product Holdings, Inc. v. Tempnology, LLC, 587 U.S. __ (2019) (the Supreme Court decision), resolving a split amongst various...more

Akerman LLP - Marks, Works & Secrets

Rejection (In Bankruptcy) Does Not Spurn Trademark Licensees

The United States Supreme Court in Mission Product Holdings, Inc. v. Tempnology, LLC (No. 17-1657) (May 20, 2019) resolved a deep circuit split and held that a licensees’ rights under trademark licenses survive a...more

Blank Rome LLP

Supreme Court Resolves Circuit Split on Effect of Rejection of a Trademark Licensing Agreement in Bankruptcy

Blank Rome LLP on

The Supreme Court recently limited the ability of debtors to use contract rejection in bankruptcy to shed unwanted trademark licensees. But the Court acknowledged that the result could change if the trademark licensing...more

BakerHostetler

Mission Products v. Tempnology: The Supreme Court Speaks

BakerHostetler on

In February, following oral argument before the U.S. Supreme Court in Mission Product Holdings, Inc. v. Tempnology, LLC, we wrote about the hugely important trademark law issue presented by this case, namely: If a bankrupt...more

McCarter & English, LLP

Supreme Court Settles Long-Standing Trademark Question

On Monday, the U.S. Supreme Court finally resolved a trademark law issue that had remained unsettled for years: whether a bankrupt trademark owner may revoke a trademark licensee’s rights to a licensed trademark by...more

Burr & Forman

Trademark Owners Cannot Use Bankruptcy Law to Revoke Trademark Licenses

Burr & Forman on

On May 20, 2019, the U.S. Supreme Court ruled in an 8-1 decision that a bankrupt debtor and trademark licensor cannot rescind the licensee’s rights to use its trademark by rejecting thelicense agreement in bankruptcy. See...more

Morrison & Foerster LLP

The Supreme Court Clarifies a Trademark Licensee’s Rights After Rejection in Bankruptcy

The Supreme Court’s recent decision in Mission Product Holdings, Inc., v. Tempnology, LLC clarifies that a debtor-licensor’s rejection of a trademark license under § 365(a) of the Bankruptcy Code is treated as a breach, and...more

Dorsey & Whitney LLP

The Supreme Court will soon determine whether Trademark License Rights in Bankruptcy Endure or Melt Away

Dorsey & Whitney LLP on

In the coming months, the U.S. Supreme Court is expected to issue a decision in Mission Product Holdings, Inc. v. Tempnology, LLC that may (yes, we said “may”) resolve a circuit split as to whether trademark licensees can...more

Jaburg Wilk

Copyright Update: Copyright Owners MUST Obtain Copyright Registration Before Filing Infringement Lawsuits

Jaburg Wilk on

The U.S. Supreme Court has ruled copyright owners must register their copyrights before filing a lawsuit for copyright infringement. The decision resolves a conflict between certain federal appeals courts that held copyright...more

Dorsey & Whitney LLP

BREAKING NEWS: The Supreme Court Rules that You Need a Copyright Registration to Sue for Copyright Infringement in Federal Court

Dorsey & Whitney LLP on

This morning, the Supreme Court resolved a longstanding circuit split about whether a copyright infringement plaintiff must first obtain a registration from the Copyright Office for the work upon which its claim is based...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Supreme Court Issues Two Unanimous Rulings Clarifying Meanings of ‘Registration’ and ‘Full Costs’ in Copyright Act

On March 4, 2019, the U.S. Supreme Court issued two unanimous decisions interpreting the Copyright Act. In Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC, 586 U.S. ___, the Court resolved a circuit split over when...more

Mintz - Bankruptcy & Restructuring Viewpoints

Supreme Court to Decide Whether Debtors Can Terminate a Licensee’s Rights to Trademarks under License Agreements

The United States Supreme Court has agreed to address “[w]hether, under §365 of the Bankruptcy Code, a debtor-licensor’s ‘rejection’ of a license agreement—which ‘constitutes a breach of such contract,’ 11 U.S.C....more

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