Last month, our post about art NFTs and the DMCA highlighted the distinction between non-fungible tokens and the copyrighted works they represent. In the context of copyright, this dichotomy is generally uncontroversial: In...more
4/12/2022
/ Blockchain ,
Corporate Counsel ,
Fashion Industry ,
First Sale Doctrine ,
Intellectual Property Protection ,
Nike ,
Nominative Fair Use Doctrine ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Retail Market ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
On February 29, 2016, the Supreme Court declined to review a Ninth Circuit decision holding that there was no likelihood of confusion, and therefore no trademark infringement, where Amazon.com responded to consumer searches...more
Trademark owners and practitioners who took heart in the Supreme Court's seemingly confined holding that issue preclusion can but does not necessarily apply to likelihood of confusion determinations by the Trademark Trial and...more
9/4/2015
/ B&B Hardware v Hargis Industries ,
Corporate Counsel ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Issue Preclusion ,
Judicial Review ,
Likelihood of Confusion ,
Popular ,
Right To Appeal ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks
Trademark practitioners are well familiar with the requirement under U.S. law that trademark licenses must contain quality control provisions, and trademark licensors must actually exercise quality control in fact, to ensure...more
Following a series of recent appellate decisions across the spectrum of intellectual property disciplines, including the fields of patent, copyright and trade secrets, the Court of Appeals for the Third Circuit has ruled that...more
8/29/2014
/ Appeals ,
Copyright ,
Corporate Counsel ,
eBay ,
Injunctive Relief ,
Irreparable Harm ,
Lanham Act ,
Patents ,
Pharmaceutical Industry ,
Popular ,
Trade Secrets