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Unanimous But Fractured: Supreme Court Upholds Rejection of “Trump Too Small” Trademark, With Little Guidance for the Future

Last week, the U.S. Supreme Court decided in Vidal v. Ester, 602 U.S. ___ (2024) that the federal prohibition on registering trademarks that identify a living individual without their consent does not violate the First...more

Times Up? Not So Fast: Supreme Court Rules Damages Are Not Limited to Three Year Look Back Where Copyright Act Claim is Timely...

The U.S. Supreme Court issued a decision this week, finding that the 3-year statute of limitations for claims under the Copyright Act does not limit recovery of damages to three years prior to the filing of the lawsuit. The...more

The Supreme Court Says, “The NCAA is not above the law.” Will College Athletes Get Paid To Play?

In a long awaited decision, the U.S. Supreme Court ruled unanimously this week in National Collegiate Athletic Association v. Alston et al., that the NCAA violated the antitrust laws in limiting the education-related benefits...more

Supreme Court Narrows Liability Under the Computer Fraud and Abuse Act

Late last week, the U.S. Supreme Court issued a decision that narrows the scope of a statute used by the Government and private parties against individuals who access computer systems without authorization. The decision in...more

Supreme Court Finds Federal Law Bars LGBT Employment Discrimination

The U.S. Supreme Court (SCOTUS) held today that the ban on sex discrimination in the federal employment law, Title VII of the Civil Rights Act of 1964, covers employment discrimination based on sexual orientation or...more

Supreme Court Agrees to Decide Scope of Computer Fraud and Abuse Act

On April 20, 2020, the U.S. Supreme Court agreed to take up a case involving the scope of liability under the federal Computer Fraud and Abuse Act (CFAA), a federal statute that creates criminal penalties and a civil cause of...more

Supreme Court Clarifies Rules on International Service by Mail

Resolving an issue that has divided state courts and the federal circuit courts, the U.S. Supreme Court ruled today in Walter Splash, Inc. v. Menon, No. 16-254, that the Hague Convention on the Service Abroad of Judicial and...more

Supreme Court to Review Whether “Offensive” Names Can Be Trademarked

The U.S. Supreme Court agreed today to review the Federal Circuit’s decision to strike down the Lanham Act’s ban on “disparaging” trademarks. The case, Lee v. Tam, No. 15-1293, involved an Asian American dance-rock band’s...more

Federal District Judges May Recall Discharged Civil Jury To Correct Errors, Supreme Court Holds

Eschewing an old common-law rule for practicality, the U.S. Supreme Court held today in Dietz v. Bouldin, No. 15-458, that federal district judges may recall a civil jury it has discharged to correct errors in certain...more

U.S. Supreme Court to Alabama: Full Faith and Credit Must Be Given to Out-of-State Adoption

In a unanimous, per curiam opinion in V.L. v. E.L., the U.S. Supreme Court has reversed the Supreme Court of Alabama’s refusal to enforce a Georgia adoption order. V.L. and E.L., two women, were involved in a 25-year...more

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