On May 14, 2020, in a unanimous opinion authored by Justice Sotomayor, the US Supreme Court overturned the “defense preclusion” doctrine proposed by the Second Circuit, upholding the requirement that preclusion of a defense...more
5/19/2020
/ Claim Preclusion ,
Collateral Estoppel ,
Counterclaims ,
Defense Preclusion ,
Fashion Branding ,
Issue Preclusion ,
Lucky Brand Dungarees v Marcel Fashion Group ,
Motion to Dismiss ,
Release Agreements ,
Remand ,
Res Judicata ,
SCOTUS ,
Split of Authority ,
Subsequent Litigation ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated
On April 23, 2020, the U.S. Supreme Court unanimously clarified that the Lanham Act does not require a showing of willful trademark infringement as a statutory prerequisite for a plaintiff to recover a defendant’s profits...more
4/29/2020
/ § 1125(a) ,
§ 1125(c) ,
Appeals ,
Burden of Proof ,
Charge-Filing Preconditions ,
Compensatory Awards ,
Dilution ,
Lanham Act ,
Lost Profits ,
Remand ,
Remedies ,
Romag Fasteners v Fossil ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated ,
Willful Infringement
Strong brands are prime targets for trademark scams in times of crisis like the COVID-19 pandemic because of the trust and goodwill they have built with the consuming public. Brands in the medical products sphere should be on...more
President Trump has signed Phase I of a much anticipated multi-part trade agreement between the United States and China with provisions that will aid the branded pharmaceutical industry. One of the main goals of the agreement...more
1/23/2020
/ China ,
Counterfeit Drugs ,
Criminal Liability ,
Dispute Resolution ,
Generic Drugs ,
Hatch-Waxman ,
Injunctive Relief ,
Intellectual Property Protection ,
Patent Infringement ,
Patents ,
Pharmaceutical Industry ,
Prescription Drugs ,
Trade Agreements ,
Trade Secrets ,
Trump Administration ,
US Trade Policies