Fortres Grand brought suit against Warner Brothers alleging trademark infringement, and on its appeal relied upon the theory of “reverse confusion.” Read for additional information on the ruling regarding Batman and whether imaginary products infringe on real ones.
Read MoreBloomberg reported that Apple and Samsung have agreed to drop patent lawsuits against each other. Read for additional information on the truce agreed to between Apple and Samsung outside of the US.
Read MoreThe PTAB issued a ruling regarding whether or not a CBM review can proceed if a petitioner files a civil suit to challenge a patent's validity before filing a petition. Read for additional information on this first precedential ruling under the America Invents Act.
Read MoreThomas Pink has won another ruling against Victoria’s Secret. Read for additional information on the Victoria’s Secret loss in the most recent battle over “PINK.”
Read MoreBritish nature photographer David J. Slater traveled to Indonesia in 2011 and ended up with a shot that would be seen by millions around the world. Read for additional information on this copyright fight over a monkey selfie.
Read MoreA ruling by the German Patent and Trademark Office had previously held that Apple, Inc.’s (“Apple”) retail store design was ineligible for trademark registration. Read for additional information on the EU Court of Justice’s overturning of this 2013 “Nein” Ruling.
Read MoreFIFA filed a Digital Millennium Copyright Act (DMCA) takedown notice for avatars that used FIFA’s official images related to World Cup. Read more about copyright litigation.
Read MoreChris Kyle, a former U.S. sniper, published his autobiography in 2012. Among the stories told is a fight that, according to the other party involved, never happened. Read for additional information on this case of wrestling with defamation.
Read MoreNY Federal Court Sides with Westlaw and LexisNexis. Read for more on the holding that reselling legal briefs is fair use.
Read MoreJohn 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.
Read More
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 More