Addressing this case for the third time, the US District Court for the District of Arizona found on remand that Jack Daniel’s was entitled to a permanent injunction after finding that VIP Products’ “Bad Spaniels” dog toy...more
2/7/2025
/ Dilution ,
First Amendment ,
Injunctions ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Parody ,
SCOTUS ,
Tarnishment ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
Addressing the issue of trademark infringement based on the purchase of search advertising keywords, the US Court of Appeals for the Second Circuit joined the consensus view and upheld a district court decision finding that...more
Addressing copyright fair use in the wake of the Supreme Court’s recent guidance in Warhol, the US Court of Appeals for the Tenth Circuit partially reversed the district court’s grant of summary judgment in favor of the...more
4/11/2024
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Appeals ,
Copyright ,
Copyright Litigation ,
Derivative Works ,
Fair Use ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Remand ,
SCOTUS ,
The Copyright Act ,
Work-For-Hire
Addressing the subpoena power of district courts to compel evidence for use in US Patent & Trademark Office (PTO) proceedings, the US Court of Appeals for the Fourth Circuit upheld a district court’s decision (albeit on...more
Addressing errors in the Trademark Trial & Appeal Board’s likelihood of confusion analysis in a cancellation action, the US Court of Appeals for the Federal Circuit vacated and remanded, holding that the Board erred by...more
Addressing the elements of contributory copyright infringement, the US Court of Appeals for the Tenth Circuit found that a plaintiff had plausibly alleged contributory copyright infringement when he alleged that the...more
11/10/2023
/ Appeals ,
Contributory Infringement ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Dismissals ,
Intellectual Property Protection ,
Remand ,
Reversal ,
The Copyright Act ,
Vicarious Liability
Addressing the issue for the first time, the US Court of Appeals for the District of Columbia found that the Copyright Act of 1976’s requirement to deposit two copies of a work with the Library of Congress within three months...more
9/7/2023
/ Appeals ,
Copyright ,
Copyright Litigation ,
Copyright Office ,
Fifth Amendment ,
Intellectual Property Protection ,
Remand ,
Summary Judgment ,
Takings Clause ,
The Copyright Act ,
USPTO
The Supreme Court of the United States affirmed the US Court of Appeals for the Second Circuit’s decision, holding that the first factor in the fair use analysis favored photographer Lynn Goldsmith because the “purpose and...more
Three interesting intellectual property cases are on the Supreme Court of the United States’ docket in 2023. The Supreme Court’s opinions in these cases could have significant implications for trademark and copyright disputes...more
2/17/2023
/ Copyright ,
Corporate Counsel ,
First Amendment ,
Intellectual Property Protection ,
Lanham Act ,
Parody ,
Petition for Writ of Certiorari ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
KEY TAKEAWAYS AND OUTLOOK FOR 2022 -
While Gen Z taught us all on TikTok how not to be “cheugy,” or out of touch with pop culture, similarly, trademark law in 2021 ushered in new and changed regulations, provided further...more
Addressing for the second time whether the design of a chocolate-dipped, stick-shaped cookie was eligible for trade dress protection, the US Court of Appeals for the Third Circuit held again that the product configuration was...more
The US Court of Appeals for the Third Circuit found that trade dress protection did not extend to the design of a chocolate-dipped, stick-shaped cookie, because the product configuration was useful. Ezaki Glico Kabushiki...more
Trademark jurisprudence in 2019 may be best summarized in two words: questions and answers. Decisions handed down at the district court level have teed up key questions that are poised to be answered by the United States...more
Addressing whether the activities of non-exclusive licensees subject the licensor to personal jurisdiction, the US Court of Appeals for the Fifth Circuit held that jurisdiction over the licensees does not extend personal...more
1/3/2020
/ Amended Complaints ,
Appeals ,
Dismissals ,
Forum State ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Jurisdiction ,
Licensees ,
Non-Exclusive License Agreements ,
Personal Jurisdiction ,
Remand ,
Reversal ,
Trademark Infringement ,
Trademarks ,
Unfair Competition ,
Vacated
Addressing for the first time the issue of whether a presumption of irreparable harm should apply in copyright infringement cases, the US Court of Appeals for the Third Circuit held that it did not, aligning the rule for...more
9/13/2019
/ Appeals ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Ownership ,
Corporate Counsel ,
Injunctive Relief ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Irreparable Harm ,
Preliminary Injunctions ,
Remand ,
Work-For-Hire
Addressing for the first time whether International Trade Commission (ITC) trademark infringement rulings have a preclusive effect on district court litigation, the US Court of Appeals for the Federal Circuit affirmed the...more
7/10/2019
/ Administrative Law Judge (ALJ) ,
Appeals ,
Claim Preclusion ,
Consent Order ,
Initial Determination (ID) ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Likelihood of Confusion ,
Trademark Infringement ,
Trademark Invalidity ,
Trademarks
Addressing the issue of trademark ownership under since-terminated development and commercialization agreements, the US Court of Appeals for the Third Circuit reversed in part and affirmed in part, finding that under a...more
Addressing the proper procedure for electing statutory damages under the Copyright Act, the US Court of Appeals for the Sixth Circuit affirmed the district court, agreeing that the plaintiff had properly informed the court of...more
Addressing the regional circuit split over whether copyright registration occurs when a copyright application is filed or when the Register of Copyrights registers the copyright, the US Court of Appeals for the 11th Circuit...more