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October 18, 2023 | Law.com

The Presumption of Irreparable Harm After the Trademark Modernization Act Of 2020: The Good, the Bad and the Ugly

This article explores developments (both positive and negative) in the post-TMA world in which courts have wrestled with implementation of the presumption of irreparable harm in trademark cases.
13 minute read
August 27, 2023 | New York Law Journal

Lessons from Nike, Inc. v. USAPE LLC

This article discusses the Nike v. USAPE case and examines the potential effects and dangers of a wait-and-see approach in trademark enforcement.
9 minute read
November 22, 2022 | National Law Journal

Jack ... Spaniels? Liquor-Dog Toy Dispute Brings Major Test Before Supreme Court

Debevoise & Plimpton partner David Bernstein says the time is right for the Supreme Court to assess the Second Circuit's Rogers v. Grimaldi test, and decide if it strikes the right balance.
5 minute read
November 08, 2021 | Litigation Daily

Daralyn Durie, Who Just Won Her Third Trial in Five Months, Ponders the Benefits of Being Busy

"Often in the lead-up to trial it's easy to get buried in details that are ultimately not going to matter to the jury," Durie said. "It was helpful to come back at it with a mentality of starting at 30,000 feet and asking 'What is the jury going to make of this?'"
10 minute read
June 20, 2019 | The Recorder

Lululemon Sues Ross Stores Over 'Lowest-Quality' Counterfeit Yoga Pants Ever

Lululemon has hit Ross Stores Inc. and one of its suppliers with a lawsuit claiming that the discount retailer has been selling shabby knockoffs of the company's high-end leggings in stores in California.
3 minute read
March 07, 2016 |

Inadmissible for the Week of March 7

A dispute between members of the family operating the Tony Luke's cheesesteak chain has triggered a pair of lawsuits.
5 minute read
February 26, 2016 |

5miles Sues eBay in Trademark Dispute Over Mobile App

E-commerce businesses come up with so many similar smartphone apps that consumers can easily become confused. That's why the owners of 5miles have sued the online auction behemoth eBay in a Dallas federal court for trademark infringement. 5miles allege they first came up with a logo and an app that connects buyers within five miles.
2 minute read
October 21, 2015 |

Ninth Circuit Flip-Flops in Online Trademark Case

In an unusual revision of a panel opinion, Judge Barry Silverman went from dissenter to the majority voice in favor of Amazon.
3 minute read
October 20, 2015 |

IP Automator Releases 3 New Apps Designed for Speed

Legal analytics company Lex Machina lauches new applications designed to give intellectual property attorneys instant access to patent, copyright and trademark litigation data.
3 minute read
September 30, 2015 |

Safe Harbor for Service Providers Under Anticybersquatting Act

Gerald M. Levine analyzes two lawsuits that sought to hold GoDaddy.com, the largest registrar in the United States with more than 60 million domain names under management, liable for contributory or secondary infringement rather than "direct" cybersquatting under the under the Anticybersquatting Consumer Protection Act.
12 minute read

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