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Trademarks › Intellectual Property Litigation › Corporate Counsel

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Katten Muchin Rosenman LLP

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

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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

Fish & Richardson

Lack of Bona Fide Intent to Use Sends Alcohol Trademark Application Down the Drain

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In a recent precedential decision, the U.S. Trademark Trial and Appeal Board (TTAB) upheld an opposition by Tequila Cuadra S. de RL de CV (“Tequila Cuadra”) and denied an application filed by Manufacturera de Botas Cuadra,...more

Farella Braun + Martel LLP

In Limited Cases, Foreign Trademarks Can Affect U.S. Registration Rights

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It is a basic tenet of trademark law that rights are jurisdictional. Trademark owners only have rights in the mark in the jurisdictions in which they have registered (or, in some cases, used) the mark....more

Jones Day

CJEU Grants Jurisdiction Over Foreign IP Infringement Cases

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The Court of Justice of the European Union ("CJEU") issued a landmark decision on February 25, 2025, in the case of BSH Hausgeräte GmbH v. Electrolux AB. The ruling extends the jurisdiction of EU courts to adjudicate...more

Vorys, Sater, Seymour and Pease LLP

The Supreme Court and Intellectual Property in 2024-2025: What Was Decided, What Is To Come And What Was Declined

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In wrapping up the 2023-24 term and embarking on the 2024-25 term, the Supreme Court was asked to decide a number of intellectual property cases. The Court issued several significant opinions in 2024 and has taken several...more

Fenwick & West LLP

Ninth Circuit Upholds Significant Trademark Damages Award

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In a closely monitored appeal, a panel of the U.S. Court of Appeals for the Ninth Circuit unanimously upheld a $56 million damages award against beverage company Molson Coors in Stone Brewing Co., LLC v. Molson Coors Beverage...more

Wolf, Greenfield & Sacks, P.C.

A Look Ahead: Key Intellectual Property Legal Developments in 2024 - and What to Expect in 2025

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From potential legal challenges to Chinese biopharma supply chains, Europe’s new Unified Patent Court (UPC), landmark decisions in life sciences, pharma’s Orange Book listings, design patent rejections, and likely shifts at...more

McDermott Will & Schulte

Dolly Pardon: American Girl Can Sue Foreign Counterfeiter for Internet Sales

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The US Court of Appeals for the Second Circuit clarified its standards for establishing personal jurisdiction over foreign defendants that conduct business over the internet. American Girl, LLC v. Zembrka, DBA...more

Foley Hoag LLP - Making Your Mark

Name That Artist: How AI Music is Shaping the Right of Publicity

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Every industry today is abuzz with the possibilities of artificial intelligence, and music is no exception. In the year since the AI-generated hit “Heart on My Sleeve,” courts have started to tackle AI issues in the arts...more

Smart & Biggar

False alarm: the risks of groundless online takedown complaints

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Online takedowns are an essential and effective tool for intellectual property rightsholders. Such tools are a common response to infringement on online marketplaces. A recent Canadian decision highlights the risks associated...more

Perkins Coie

Recent Rulings in AI Copyright Lawsuits Shed Some Light, but Leave Many Questions

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The last few months have seen a flurry of activity in cases involving artificial intelligence (AI), including some of the first major rulings involving generative AI. Andersen et al. v. Stability AI Ltd. As we have...more

Seyfarth Shaw LLP

Federal Circuit Overturns Fifty Years of TTAB Precedent

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The Federal Circuit recently released an eye-catching opinion in Great Concepts, LLC v. Chutter, Inc., — F. 4th –, Case No. 2022-1212, 2023 WL 6854647 (Fed. Cir. Oct. 18, 2023). The panel of three judges held, in a...more

Bradley Arant Boult Cummings LLP

Up In Smoke: USPTO Leaves Cannabis-Related Trademark Application in Ashes

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After years of uncertainty, the USPTO has finally provided insight on how it views applications for cannabis-related marks, suggesting that the use of such marks will be heavily scrutinized.    In 2016, National Concession...more

Hogan Lovells

China: Draft Amendments to Trademark Law foreshadow potential major changes

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On 13 January 2023, the China National Intellectual Property Administration (“CNIPA”) published draft amendments to the PRC Trademark Law for public comment. This Draft marks the fifth time that the PRC Trademark Law is up...more

Cadwalader, Wickersham & Taft LLP

Intellectual Property Law: Looking Forward to 2023

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With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023. Below are some of...more

Morgan Lewis

China’s Intellectual Property Enforcement Trends

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Comprising tiers of specialized intellectual property (IP) courts within its court system, China bifurcated judicial and administrative proceedings for those seeking to protect and enforce against a patent infringement. The...more

Jones Day

Australian Court Holds That Use of a Corporate Logo for Purposes of Engaging in a Public Campaign Amounts to Mostly Fair Dealing

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Australia's Copyright Act allows for various "fair dealing" defenses that set out defined categories of acceptable uses of copyrighted work. These uses include research or study, criticism or review, parody or satire,...more

MoFo Tech

Benchmarking IP Litigation 2019

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To better understand the current state of IP litigation — and help companies better manage their costs and risks — Morrison & Foerster commissioned in-depth interviews with top IP legal decision-makers from 53 companies with...more

MoFo Tech

Preparing for the Increased Globalization of IP Litigation

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Morrison & Foerster surveyed intellectual property decision-makers from more than 50 companies with revenues greater than $750 million each. The study showed that, while intellectual-property litigation has decreased by 26%...more

Akerman LLP - Marks, Works & Secrets

Cannabis Trademarks Redux

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In a case affecting the fast-growing legal cannabis industry, the Trademark Trial and Appeal Board (“TTAB” or “Board”) affirmed the United States Patent and Trademark Office’s (“USPTO”) refusal to register two trademarks for...more

Dorsey & Whitney LLP

What Happens in the U.S. Stays in the U.S.: IP Dispute Against Canadian Company Will Not be Moved to Canadian Forum

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Although motions to dismiss or transfer a case based on a forum non conveniens theory typically focus on the relative merits of two U.S. jurisdictions, this theory may also be applied when a party claims that a case brought...more

WilmerHale

IP World Tour: Snapshots of Overseas IP Protection

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No matter where you look in the world, it’s a certainty that a dispute is ongoing over someone’s intellectual property (IP). The theft of ideas is nothing new, but just as important to those investing abroad is knowledge of...more

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