Trademark news and analysis from the courts and the USPTO
By Alex Anteau | February 29, 2024
"It would make no sense to call those damages impermissible," the court concluded. "The jury did exactly what the law allows it to do. Defendants merely disagree with the jury's 'determination of the facts'—something the Court cannot second-guess."
5 minute read
By Chelsea Steadman | February 20, 2024
This article discusses important trademark basics as well as common questions and issues in-house counsel often encounter during due diligence or IP audits.
9 minute read
By Michael Marciano | February 13, 2024
The suit alleges TEA "slavishly copied the distinctive appearance of the renowned U 47 microphone and even branded it with the identical U 47 mark."
2 minute read
By Riley Brennan | January 30, 2024
This suit was surfaced by Law.com Radar.
2 minute read
By Alex Anteau | January 30, 2024
The most common rationale for the dearth of patent filings has been "the economy," however, the report also notes jurisdictional changes may be a cause.
5 minute read
By Colleen Murphy | January 26, 2024
This suit was surfaced by Law.com Radar, ALM's source for immediate alerting on just-filed cases in state and federal courts. Law.com Radar now offers state court coverage nationwide. Sign up today and be among the first to know about new suits in your region, practice area or client sector.
3 minute read
By Alex Anteau | January 23, 2024
"Finally someone is holding [the plaintiffs'] feet to the fire," said Cory Jay Rosenbaum of Long Island law firm Rosenbaum Famularo & Segall.
7 minute read
By Conor Tucker | January 19, 2024
Last Term, the U.S. Supreme Court decided Jack Daniel's v. VIP Products — a case involving interaction between the Lanham Act and the First Amendment. This article traces the lower courts' reactions and applications to that decision.
10 minute read
By Michael A. Mora | January 12, 2024
"If it's not in the license agreement, you do not have rights of exhaustion after the license agreement is terminated," said Kirk Villalon, a partner at Quintana Portal Villalon.
4 minute read
By Catherine Nyarady and Crystal Parker | January 9, 2024
The Second Circuit recently determined that no special First Amendment protections applied to a defendant's use of the Vans Old Skool shoe trademark in selling its own shoes purportedly intended as a critique of sneaker culture. It affirmed the district court's entry of a preliminary injunction against the defendant, finding the plaintiff was likely to succeed on its trademark infringement claim under the Lanham Act. In doing so, it issued its first opinion applying the Supreme Court's June 2023 decision in 'Jack Daniel's Properties v. VIP Products'.
8 minute read
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