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
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