Richard McKenna

Foley & Lardner LLP

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Proposed Legislation Expands Border IP Protections

A bipartisan group of senators introduced legislation to expand the mandate of the U.S. Customs and Border Patrol (CBP) to impound goods suspected to infringe U.S. design patent rights. Sens. Thom Tillis (R-NC), Chris Coons...more

9/1/2020 / Counterfeit Goods Regulation , Counterfeiting , Customs and Border Protection , Design Patent , International Trade Commission (ITC) , Proposed Legislation , Proprietary Information , Tariff Act of 1930 , Trademark Infringement , USPTO

Design Patents Protected at the Border – Proposed Legislation Authorizes U.S. Customs to Seize Goods Infringing Patented Designs

Proposed bipartisan legislation would grant authority to the U.S. Customs and Border Patrol (CBP) to seize goods that infringe U.S. design patents, which protect the ornamental appearance of articles of manufacture. CBP...more

7/15/2020 / Copyright Infringement , Counterfeit Goods Regulation , Customs and Border Protection , Design Patent , Patent Infringement , Proposed Legislation , Tariff Act of 1930 , Trademark Infringement

U.S. Supreme Court Rejects Categorical Rule That Trademark Infringement Must Be “Willful” to Award Infringer’s Profits in Romag v....

Once again, a decision by the Federal Circuit has been overturned by the Supreme Court. In its April 23, 2020, ruling vacating and remanding the decision in Romag Fasteners, Inc. v. Fossil, Inc., the Supreme Court resolved a...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

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