Litigation
Court of Appeals revives denied trademark application
Two companies with similar marks operated in the same region for more than 40 years without any actual confusion arising for consumers. Nonetheless, the Trademark
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Two companies with similar marks operated in the same region for more than 40 years without any actual confusion arising for consumers. Nonetheless, the Trademark
The U.S. Supreme Court has weighed in on a new U.S. Patent and Trademark Office (PTO) practice when patent applicants appeal adverse decisions in district
Appellate court lowers the bar When most people think about what it takes to qualify as “exceptional,” they probably imagine a fairly high bar. That’s
Copyright protection generally takes effect as soon as you create an original work, but it might not be as extensive as you think. To get
Foreign publication leads to patent invalidation It’s not easy out there for a patent owner. Even after a patent is granted, an owner can find
Fair use defense wins trademark infringement case Athletes are known for “leaving it all on the field,” or going all out in competition. A
Federal Circuit rejects narrow approach to relation back doctrine The U.S. Court of Appeals for the Federal Circuit, the appellate court that hears all patent-related
In 2017, the U.S. Supreme Court in Star Athletica, L.L.C. v. Varsity Brands, Inc., established a two-part test for analyzing which elements of a piece
After securing a copyright infringement verdict, it should be easier to obtain a permanent injunction against the infringing party, right? Not so in several jurisdictions.
It’s easy to understand why willful infringement deserves a harsher punishment than nonwillful infringement. But it’s not always so easy to understand the type of
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