John Wayne’s heirs recently filed a suit for declaratory relief in the U.S. District Court for the Central District of California. Read for additional information on the dueling dukes: The Duke v. Duke University.
Read MoreAs the Trademark Trial and Appeal Board noted, to retain rights in the “What Would Jesus Do” mark, the registrant must use it in commerce. Meaning, we can all expect Tyler Perry’s What Would Jesus Do (or some variant) to hit theaters in the future. Read more about retaining trademark rights.
Read MoreThe U.S. Supreme Court attempts to resolve the divide among circuit courts on this matter in Hana Financial, Inc. v. Hana Bank. Read for more on the trademark issue of tacking that the Supreme Court is set to decide.
Read MoreAfter months of speculation and media scrutiny, the United States Patent and Trademark Office has made a decision regarding six federal trademark registrations. Read for additional information on the Trademark Office’s cancellation of “Washington Redskins.”
Read MoreIn a 6-3 vote, the Supreme Court concluded Aereo's TV streaming service is a "public performance" under the Copyright Act.
Read MoreThe Beastie Boys were awarded $1.7 Million for Monster Energy’s use of the band’s songs in a promotional video that aired in 2012. The Beastie Boys sought at least $2 million in damages, and argued that Monster Energy wanted to benefit from the coolness associated with the Beastie Boys. Read more about copyright infringement.
Read MoreBlue Sphere seeks “Lucky 13” injunctive relief, Swift’s profits, Blue Sphere’s lost profits, and other damages. Read more about trademark litigation.
Read MoreIn this case, the Supreme Court rejected the Federal Circuit's standard for determining whether a defendant is liable for inducing infringement. Read for additional information on this decision of liability and induced infringement.
Read MoreAlthough both federal statutes touch on food and beverage labeling, the Lanham Act protects commercial interests against unfair competition, whereas the FDCA protects public health and safety by forbidding the misbranding of food, including by means of false or misleading labeling. Read more about trademarks and unfair competition.
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Rule 68 of the Federal Rules of Civil Procedure is somewhat of a hybrid between a settlement and a decision on the merits. This article discusses strategies in using Rule 68 offers of judgment in copyright, trademark, patent, and other IP cases
Read MoreUnderstanding what a trademark is and how infringement occurs may go a long way to help prevent serious issues from arising in the future. Read for additional information on the nuts and bolts of trademark infringement.
Read MoreJustice Ginsburg authored an opinion on the standard for determining whether a patent is invalid for indefiniteness. Read for additional information on the Supreme Court’s rejection of the Federal Circuit standard in Nautilus, Inc. v. Biosig Instruments, Inc.
Read MoreThe U.S. Trademark Trial and Appeal Board (TTAB) sustained an opposition filed by Chanel, Inc. Read for additional information regarding the decision about the CHANEL mark for real estate likely to dilute the CHANEL brand.
Read MoreIn its complaint, iDevices claims that Williams-Sonoma’s portable grill infringes on its trademark. Read for additional information on the trademark suit that hit Williams-Sonoma over ‘I-Grill.’
Read MoreAfter the FDA declined to immediately ban fruit and candy flavors for use in electronic cigarettes, these brands had a reaction. Read for additional information on kid-friendly brand owners taking up the fight to keep trademarks off e-cigarettes.
Read MoreIn Octane Fitness LLC v. Icon Health Fitness Inc., the U.S. Supreme Court changed the test to determine whether attorneys’ fees should be awarded in patent litigation. Read for additional information regarding patent litigation cases and attorneys’ fees.
Read MoreQuentin Tarantino has dismissed – without prejudice – his amended copyright infringement lawsuit against Gawker. Read for additional information on the fight between Tarantino v. Gawker.
Read MoreThe Federal Circuit's opinion should shed light on statutory stay factors and the scope of the district court's discretion. Read for additional information on the Federal Circuit’s decision - first appeal of order denying motion to stay pending CBM review.
Read MoreFor months, the Senate has grappled with new legislation aimed at reducing abusive patent litigation. Read for additional information regarding the potential Patent Troll bill that’s stuck in the Senate.
Read MoreB&B Hardware, Inc. filed, on September 13, 2013, with the U.S. Supreme Court. Read for more information regarding the petition for writ of certiorari seeking preclusive effect of TTAB decisions.
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