In Re: PT Medisafe Technologies, No. 2023-1573 (Fed. Cir. April 29, 2025) -
On April 29, 2025, the Federal Circuit adopted a test from the Trademark Trial and Appeal Board (“TTAB”) for determining whether a color mark is...more
Cardinal Motors, Inc. v. H&H Sports Protection USA Inc., No. 23-cv-7586 (2d Cir. Feb. 6, 2025) -
On February 6, 2025, the Second Circuit held that the “articulation requirement” for a trade dress complaint—a pleading...more
It’s December, and everywhere you go, the streets and stores are awash in seasonal décor, and holiday products and Christmas programming are glistening in your eyes once again. In the spirit of the season, we have compiled...more
Aviation Clean Air, LLC v. Ionic Air Care, Inc., No. 3:21-cv-219-TCB (N.D. Ga. Sept. 16, 2024) -
On September 16, 2024, a special master for the Northern District of Georgia issued a report and recommendation to deny Ionic...more
Allergan USA v. MSN Laboratories Private Ltd., No. 2024-1061 (Fed. Cir. Aug. 13, 2024) -
On August 13, 2024, the Federal Circuit reversed a district court’s decision that a patent was invalid for obviousness-type double...more
Warner Chappell Music v. Nealy, No. 22-1078, 601 U.S. (2024) -
On May 9, 2024, the Supreme Court held that copyright owners may obtain damages beyond the three-year statute of limitations under the Copyright Act. As this...more
5/28/2024
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Damages ,
Discovery Rule ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Music Industry ,
SCOTUS ,
Statute of Limitations ,
The Copyright Act ,
Warner Chappell Music v Nealy
In re: Aputure Imaging Industries Co., Ltd, No. 2024-103 (Fed. Cir. Jan. 22, 2024) -
On January 26, 2024, the Federal Circuit denied a petition for writ of mandamus to vacate an order permitting Rotolight Limited...more
Janssen Prods. LP v. eVenus Pharm. Labs. Inc., Case No. 22-2426 (3d Cir. Oct. 17, 2023) -
On October 17, 2023, the Third Circuit held that Janssen Products, L.P. and Pharma Mar, S.A. (“Janssen”) could not immediately...more
After first granting a request for an interim stay of an injunction entered against Evenflo Co. Inc. for selling certain car seats which were found to infringe patents owned by Wonderland Switzerland AG, the Federal Circuit...more
On June 8, 2023, the Supreme Court vacated a Ninth Circuit decision holding that a poop-themed chewable dog toy resembling a Jack Daniel’s whiskey bottle was protected by the First Amendment and did not infringe Jack Daniel’s...more
On March 24, 2023, the Southern District of New York held that the Internet Archive (“IA”)’s digitization and lending online of the Hatchette Book Group (“Publishers”)’s copyrighted physical books infringed Publishers’...more
5/8/2023
/ Authors ,
Books ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Digital Media ,
Digital Platform Liability ,
Fair Use ,
Intellectual Property Protection ,
Libraries ,
Publishers
The Ninth Circuit recently affirmed the denial of the United States’ second motion for preliminary order of forfeiture of the Mongol Nation’s trademarks. The Ninth Circuit held that the Racketeer Influenced and Corrupt...more
2/28/2023
/ Collective Marks ,
Criminal Conspiracy ,
Criminal Convictions ,
Criminal Forfeiture ,
Eighth Amendment ,
Excessive Fines Clause ,
First Amendment ,
Freedom of Expression ,
Intellectual Property Protection ,
Motorcycle Clubs ,
RICO ,
Statutory Interpretation ,
Trademark Registration ,
Trademarks ,
Transfer of Title