Scammers know no bounds, including in the world of trademarks. NGE has noted a recent uptick in fraudulent e-mails, calls, and texts directed at trademark applicants and registrants. These scammers typically use information...more
On June 8, 2023, in a unanimous decision, the Supreme Court held that parody products that mimic the trademarks and trade dress of recognized brands can constitute trademark infringement, subject to the standard test of...more
6/9/2023
/ Cease and Desist ,
Dilution ,
First Amendment ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Parody ,
Rogers Test ,
SCOTUS ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
On May 17th, 2023, the Supreme Court handed down a decision with potentially far-reaching consequences in the evolving landscape of copyright fair use, particularly for commercial works that reproduce copyrighted work. The...more
Last week, the Biden administration issued an Executive Order on Ensuring Responsible Development of Digital Assets. As Blockchain/Web3.0/Metaverse innovations advance, the administration is taking initial steps to examine...more
The United States Patent and Trademark Office (USPTO) is continuing to respond to the COVID-19 outbreak by offering relief to applicants and registrants. On May 27, 2020, the USPTO issued its most recent notice, confirming...more
The United States Patent and Trademarks Office (USPTO) is continuing to respond to the COVID-19 outbreak by offering various forms of relief for certain trademark-related deadlines. On April 28, 2020, the USPTO issued its...more
For a plaintiff in a trademark infringement dispute, the central question is often, "What can I recover?" Likewise, a defendant asks the mirror question: "What is my potential exposure?"...more
4/30/2020
/ § 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
This month, the U.S. Supreme Court highlighted yet another reason to seek copyright registration as soon as possible. In a unanimous decision, the Supreme Court ruled in Fourth Estate Public Benefit Corp. v. Wall-Street.com...more
3/22/2019
/ Appeals ,
Copyright ,
Copyright Exhaustion ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Registration ,
Damages ,
Fourth Estate Public Benefit Corp v Wall-Street.com LLC ,
SCOTUS ,
Solicitor General ,
Split of Authority ,
The Copyright Act ,
Uniformity
In a 2-1 decision handed down May 13, 2015, the Court of Appeals for the Federal Circuit upheld what has become known as the “joint infringement defense,” under which a method claim is not infringed where the claimed steps...more