The Supreme Court vacates a decision treating a company and its affiliates as "one and the same" for purposes of disgorging profits for trademark infringement under the Lanham Act, but leaves many questions unaddressed....more
3/5/2025
/ Affiliates ,
Corporate Governance ,
Damages ,
Dewberry Group Inc v Dewberry Engineers Inc ,
Disgorgement ,
Intellectual Property Protection ,
Lanham Act ,
Piercing the Corporate Veil ,
Profits ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated
The Supreme Court held that copyright owners who file a timely claim may obtain damages no matter when the copyright infringement occurred. ...more
5/14/2024
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Ownership ,
Damages ,
Discovery ,
Intellectual Property Protection ,
SCOTUS ,
Statute of Limitations ,
The Copyright Act ,
Warner Chappell Music v Nealy
In a closely watched trademark infringement case, the Supreme Court of the United States held that when an alleged infringer uses a trademark as a source identifier for the infringer's own products, the First Amendment does...more
6/19/2023
/ Dilution ,
First Amendment ,
Free Speech ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Likelihood of Confusion ,
Rogers Test ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Ownership ,
Trademarks
In Short -
The Background: The Supreme Court reviewed a Second Circuit decision holding that the Andy Warhol Foundation had impermissibly licensed a portrait of musician Prince that was created by Andy Warhol but based on...more
The Supreme Court holds that the Copyright Act's safe harbor provision preserves the validity of a copyright registration notwithstanding an inaccuracy in the underlying application based on a good-faith mistake—regardless of...more
Revisiting the government edicts doctrine for the first time in more than a century, the U.S. Supreme Court in Georgia v. Public.Resource.Org, Inc., No. 18–1150, 590 U.S. ___ (2020), split 5-4 to hold that annotations to...more
5/6/2020
/ Annotated Case Law ,
Appeals ,
Copyright ,
Copyright Infringement ,
Copyrightable Subject Matter ,
Georgia v. Public.Resource.Org Inc ,
Government Edicts Doctrine ,
Legislative Duties ,
Reaffirmation ,
Reversal ,
SCOTUS ,
Statutory Code ,
The Copyright Act