News & Analysis as of

Infringement

Roetzel & Andress

Trademark First: The Gateway to Amazon Brand Registry

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Amazon is the biggest third-party online marketplace in the United States and a go-to platform for numerous businesses. However, to get the most out of selling on Amazon, it is essential to join the Amazon Brand Registry....more

Robins Kaplan LLP

Jazz Pharms., Inc. v. Avadel CNS Pharms., LLC

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Case Name: Jazz Pharms., Inc. v. Avadel CNS Pharms., LLC, Nos. 2024-2274, 2024-2277, 2024-2278, 2025 WL 1298920 (Fed. Cir. May 6, 2025) (Circuit Judges Lourie, Reyna, and Taranto presiding; Opinion by Lourie, J.) (Appeal from...more

Katten Muchin Rosenman LLP

Wise Up: UK Court Invalidates Broad Software Terms in Landmark Decision Post-SkyKick

Hot on the heels of our recent update on the UK Intellectual Property Office's (UKIPO) revised approach to bad faith objections (UKIPO/SkyKick), we now have the first, and eagerly anticipated, English court decision assessing...more

Farella Braun + Martel LLP

To Catch A Fashion Thief: Trend Chasing or IP Infringement?

Fighting knock-offs in the fashion industry is notoriously difficult. Copyright, trademark, and trade dress laws offer some protection for branding and marketing materials used to sell fashion products, as well as for...more

Awatif Mohammad Shoqi Advocates & Legal...

Dubai introduces a new law for the protection of the emblems of the Emirate of Dubai and the Government of Dubai.

The New Dubai Emblem Law (Law No. (1) of 2025) was implemented by the government of Dubai to regulate the use of emblems for the Emirate of Dubai and the government of Dubai. The new law repealed the previous law, Law No....more

A&O Shearman

UPC Court of Appeal confirms its jurisdiction over infringements that pre-date the UPC Agreement

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Xsys Italia v. Esko-Graphics ORD_23545/2025 - The Court of Appeal of the Unified Patent Court (UPC) has delivered a decision clarifying the temporal scope of the UPC’s jurisdiction over European patent infringement...more

Katten Muchin Rosenman LLP

Punitive Damages in Trademark Litigation: A Shift in the Legal Landscape? - The Katten Kattwalk | Issue 29

The US Court of Appeals for the Seventh Circuit's (Seventh Circuit) decision in Curry v. Revolution Laboratories, LLC, 124 F.4th 441 (7th Cir. 2024), has drawn attention to the interplay between federal and state law in...more

McDermott Will & Emery

State court action doesn’t create reasonable apprehension of related federal claims

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Addressing whether a federal district court had jurisdiction over an action for declaratory relief that certain trade secrets and trademarks were invalid and not infringed, the US Court of Appeals for the Eighth Circuit...more

McDermott Will & Emery

Bulletin Concurrence XIV - Paris | Janvier ● Février ● Mars ● Avril 2025

1. CONTENTIEUX EPILOGUE DE L’AFFAIRE DES COMPOTES - Par un arrêt en date du 8 janvier 2025, la Cour de cassation a mis un point final à la saga du cartel des compotes en rejetant les pourvois formés contre l’arrêt de la...more

BakerHostetler

NBA Teams Support Challenge to Discovery Rule in Copyright Litigation

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Eight NBA teams recently filed an amicus curiae brief supporting a petition that asks the Supreme Court to reject application of the discovery rule to copyright cases. The discovery rule starts the clock for bringing a...more

MoFo Tech

AI Trends for 2025 - Dirty Data Damaging Deals – Data Issues in AI M&A

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2024 saw strong interest in M&A involving companies that use or develop artificial intelligence (“AI”) offerings. The rise of AI has brought new issues for companies and dealmakers. In particular, 2024 saw regulators focusing...more

Knobbe Martens

Federal Circuit Review | December 2024

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Bound to Happen: Inherent Property Leaves No Question of Reasonable Expectation of Success - In Cytiva Bioprocess R&D Ab v. Jsr Corp., Appeal No. 23-2074, the Federal Circuit held that a claim limitation merely reciting an...more

Vondran Legal

Photo Infringement Can Be Costly and Up to $150,000 Per Image Infringed!

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Here is a case from the opposite coast of the United States. This case may be looked at as persuasive authority in cases filed in the 9th circuit...more

DLA Piper

Mark It: 6 Big Trademark, Copyright, and Advertising Trends We are Watching for 2025

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An increasingly competitive and fractured marketplace and a rapidly evolving legal landscape mean that protecting your intangible assets, enforcing your rights, and mitigating intellectual property risks are more challenging...more

Knobbe Martens

Edwards v. Meril at the Supreme Court: Testing the Scope of Hatch-Waxman’s Safe Harbor

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On October 11, 2024, Edwards filed a petition for a writ of certiorari with the U.S. Supreme Court. The question presented, as framed by Edwards, is: “Whether, under Hatch-Waxman’s safe harbor, an infringing act is “solely...more

Husch Blackwell LLP

International Trade Law: 2024 Year in Review & Outlook for 2025

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Few areas will be as impacted by the incoming second Trump administration as international trade policy. Check out our team’s assessment of what the coming year may bring for trade regulation and enforcement. Husch...more

Venable LLP

The Right of Publicity - December 2024

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Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick...more

Fox Rothschild LLP

Influencer Suing Over Aesthetic And Brand Identity

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Recently, influencer, Sydney Gifford is suing fellow, influencer, Alyssa Sheil, claiming misappropriation – this claim exceeds imitation, instead Gifford argues that Sheil appropriated her entire look, including her atheistic...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - November 2024 #3

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A commercial affiliate of the Major League Baseball Players Association settled a lawsuit with FanDuel on Friday over the alleged unauthorized use of the names and images of MLB players on its sports betting platform....more

Vondran Legal

Netflix gearing up to stop streaming copyright piracy in upcoming Tyson vs. Jake Paul fight

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Ladies and gentlemen, hold onto your cocktails and nachos, because we might just witness one of the wildest boxing events in recent history: Mike Tyson versus Jake Paul! Yes, you heard it right. Iron Mike, the baddest man on...more

Knobbe Martens

Federal Circuit Review | October 2024

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Failure to Obtain Advice of a Third Party Is Not Evidence of Willfulness - In Provisur Technologies, Inc., v. Weber, Inc., Appeal No. 23-1438, the Federal Circuit held that patentees cannot use an accused infringer’s failure...more

IR Global

The human touch - AI’s role in commerce - The Visionaries

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The Productivity Paradox: Does more technology mean less growth? Is there scope to use AI in commercial contracts? Will it save time, or ultimately cost more time in review and pose greater risk?...more

A&O Shearman

EU Commission issues EUR462.6 million antitrust fine in landmark decision on ‘divisionals game’ and disparagement

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On October 31, 2024, the European Commission (EC) fined Teva Pharmaceutical Industries Limited and Teva Pharmaceuticals Europe BV (Teva) EUR462.6 million for abusing a dominant position in several EU Member States on the...more

IR Global

Keeping it human

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Disputes, AI and modern law - Q1 How should parties seek and agree a seat for ADR, and what advantages does your jurisdiction offer?...more

A&O Shearman

Data scraping for AI development – still no progress in the TDM debate

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Image Alex Shandro It appears that the debate surrounding the UK’s Text and Data Mining (TDM) exception is about to reignite. TDM exceptions are key to assessing the legality of training generative AI models, and to...more

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