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April 15, 2024 | The Legal Intelligencer

Tiger Doesn't Own All Stripes: Understanding the Trademark Battle Between Adidas and Thom Browne

The dispute between fashion powerhouses Adidas and Thom Browne over stripe designs reveals the intricacies of brand protection and the scope of trademarks based on common elements especially within the fashion world.
8 minute read
June 02, 2023 | New York Law Journal

NFTs and Blockchain-Enabled Goods Are Not Above the Law

A discussion of "Yuga Labs, Inc. v. Ryder Ripps," a recent ruling out of California where the court determined that a controversial NFT project infringed Yuga Labs' trademarks. The decision provides important guidance on how the Lanham Act applies to NFTs and how the First Amendment and Fair Use doctrine may be utilized as defenses in NFT lawsuits.
9 minute read
January 20, 2023 | Law.com

Design Patent Appeal Splinters Federal Circuit Panel + Susman Scores $163M Jury Verdict + Finnegan Protects Under Armour's House

Mark Lemley's argument about design patent obviousness and the Supreme Court's KSR decision fell short of a win, but has served to raise the profile of the issue.
6 minute read
December 30, 2022 | National Law Journal

Supreme Court Will Again Be Focus of IP World in 2023

Despite having lost two of its strongest voices on IP in the last two years, the high court is wading into some 'meat and potatoes' IP issues such as pharma patents and copyright fair use.
10 minute read
December 22, 2022 | National Law Journal

Big Verdicts and New Sheriffs: The Year That Was in IP Litigation

Judge Alan Albright's patent docket was slowed but not stopped. Judge Colm Connolly is pulling the lid off of nonpracticing entities. And PTO Director Kathi Vidal "has been everywhere."
8 minute read
July 08, 2022 | Law.com

Skilled in the Art With Scott Graham: Apple, Kirkland Are Poised to Keep $300 Million Patent Submerged + CAFC Might Avoid SEPs at the ITC + Kathi Vidal Thinks VLSI's $2.175 Billion Patents Are Probably Invalid

A panel of Federal Circuit judges didn't sound inclined to rescue a 'submarine' patent that led to a $308 million jury verdict against Apple.
8 minute read
May 20, 2022 | Law.com

Skilled in the Art With Scott Graham: Say Farewell to the 50-50 Federal Circuit + Mintz Turns the PTAB Into a Life Squad + All Our Rexes Sue in Texas

Legal analytics provider Lex Machina says that, statistically, district court judgments are much more likely to be affirmed at the Federal Circuit than in years past. Plus, more than half of the patent cases filed in district courts last year were concentrated in just three judicial districts.
10 minute read
May 20, 2022 | New Jersey Law Journal

Stark & Stark Representing Insurance Broker in Trademark Dispute

This suit was surfaced by Law.com Radar. Read the document here.
1 minute read
April 29, 2022 | Law.com

Skilled in the Art With Scott Graham: Fish & Richardson Readies for Round 4 of Willfulness Battle + CAFC's Newest Judge Gets One Last Say on Fee Shifting

Halo Electronics argues that a jury's finding of willful infringement has to be something more than a mere advisory verdict.
9 minute read
February 09, 2022 | National Law Journal

Judge Leonard Stark Is Comfortably Confirmed to the Federal Circuit

The 61-35 vote is one of the strongest to date for President Biden's appellate court nominees. Stark's arrival next month ensures that the court will continue to have one former district court judge among its ranks.
2 minute read

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