News & Analysis as of

Trademark Litigation Petition for Writ of Certiorari

Farella Braun + Martel LLP

Profits or Peers: Does Seeking an Accounting in Trademark Litigation Waive the Right to a Jury Trial?

In trademark infringement litigation, the form of monetary relief a plaintiff requests can determine whether the case is decided by a jury or a judge. This procedural distinction has real consequences, and a new request has...more

Erise IP

What’s Trending in Trademarks, October 2024: T.I., Tiny Win $71.5M Verdict for OMG Girlz, Second Circuit Holds Against 1-800...

Erise IP on

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Third...more

Akerman LLP - Marks, Works & Secrets

Cert. Granted in Abitron to Clarify Boundaries for Extraterritorial Application of Lanham Act

In Abitron Austria GmbH v. Hetronic International, Inc., Oklahoma-based Hetronic, maker of radio remote controls for heavy-duty construction equipment, sued its former distributor Abitron (from Austria) for selling copycat...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - February 2023: 2(c) or Not 2(c)?

Late last week, the USPTO issued Examination Guide 1-23 which establishes guidelines for USPTO Examining Attorney compliance with Section 2(c) of the Lanham Act. The Guide provides a framework for examining certain types of...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - February 2023

Thank you for reading the February 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Section 2(c) of the Lanham Act in relation to the Supreme Court's pending review of the TRUMP TOO SMALL...more

McDermott Will & Schulte

2023 IP Outlook: Trademark and Copyright Supreme Court Update

Three interesting intellectual property cases are on the Supreme Court of the United States’ docket in 2023. The Supreme Court’s opinions in these cases could have significant implications for trademark and copyright disputes...more

Dorsey & Whitney LLP

So, Nine Justices Walk into a Bar...SCOTUS to Consider Role of Humor in Infringement and Dilution Claims

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Justices of the Supreme Court will soon put on their whiskey glasses to decide the proper tests for infringement and dilution claims involving humorous use of another’s trademark. The Court granted certiorari in November to...more

Miller Nash LLP

Supreme Court May Review Trademark Territoriality

Miller Nash LLP on

The United States Supreme Court has a new opportunity to look at whether a U.S. trademark owner can recover damages for infringing uses of the owner’s mark occurring outside the United States....more

Akerman LLP - Marks, Works & Secrets

Cert. Roundup

The American Bar Association (“ABA”) filed an amicus brief with the Supreme Court in support of the petitioner in Romag Fasteners, Inc. v. Fossil, Inc., No. 18-1233....more

Katten Muchin Rosenman LLP

Kattison Avenue | Issue 1 - Fall 2019

Welcome to the inaugural edition of Kattison Avenue, a newsletter examining the hot topics in advertising from Katten’s office on Madison Avenue in New York City and beyond. As we prepared to launch our first issue, we wanted...more

Fenwick & West LLP

Will SCOTUS Resolve the Circuit Split on Key Trademark Damages Issue?

Fenwick & West LLP on

A petition for writ of certiorari pending before the U.S. Supreme Court asks the Court to decide whether a plaintiff must prove willful infringement to obtain an award of a trademark infringer’s profits for a violation of 15...more

Patterson Belknap Webb & Tyler LLP

Trademark Licenses . . . Again (Update No. 4)

Our May 23, June 28, July 13 and August 3 posts discussed the First Circuit’s January 12 decision in Mission Product Holdings, Inc. v. Tempnology, LLC. and, most recently, the pending petition for certiorari. Since our last...more

Robins Kaplan LLP

Supreme Court Rejects Louis Vuitton’s Request for Appeal Against Parody Tote Bag Company

Robins Kaplan LLP on

Louis Vuitton is no stranger to the court. For years, the luxury fashion label, headed by creative director, Nicolas Ghesquière, has battled high-profile cases over parody bags. Those cases have involved dog toys, Super Bowl...more

WilmerHale

Copyright and Trademark Case Review: The Slants, The Sims and SCAR Rifles

WilmerHale on

Supreme Court Agrees to Review Bar on Registration of Disparaging Marks, Denies Washington Redskins' Petition to Join Proceedings - Supreme Court Agrees to Review Bar on Registration of Disparaging Marks, Denies...more

Dorsey & Whitney LLP

Pro Football Calls SCOTUS Audible

Dorsey & Whitney LLP on

As we noted here last week, the Director of the USPTO filed a petition for writ of certiorari to the U.S. Supreme Court requesting that it review the Federal Circuit’s en banc decision, In re Tam. That decision held Section...more

WilmerHale

Copyright and Trademark Case Review: FLANAX, Fishing Tackle, Football Players and More

WilmerHale on

Summaries of Recent Precedential and Informative Appellate Opinions - Trademark Opinions - Owners of Foreign Marks May Sue Under Lanham Act Without Using Marks in the US: Belmora LLC v. Bayer Consumer Care AG,...more

Proskauer Rose LLP

Supreme Court Denies Review of Ninth Circuit Decision Finding no Trademark Infringement for Amazon Search Results

Proskauer Rose LLP on

On February 29, 2016, the Supreme Court declined to review a Ninth Circuit decision holding that there was no likelihood of confusion, and therefore no trademark infringement, where Amazon.com responded to consumer searches...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - February 2016 #3

SUPREME COURT CASES - The Supreme Court Denies Cert Challenging the Use of Third-Party Registrations and Website Printouts as Evidence of Actual Use - The U.S. Supreme Court denied New Millennium Sports, S.L.U.’s...more

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