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Searching Content by Anna Raimer from Jones Day ordered by Published Date Descending.
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1
Women In IP: Reviewing A "Scandalous Matter" At The Supreme Court
The U.S. Supreme Court's ruling in Mission Product Holdings v. Tempnology, LLC holds interesting implications for both trademark law and bankruptcy law.
United States
2 Oct 2019
2
Show Me the Money: Protecting Your Cryptocurrency Brand
With the explosive growth of the cryptocurrency market, companies operating in this industry must consider how best to protect their intellectual property rights
United States
19 Sep 2019
3
Supreme Court Holds Immoral And Scandalous Trademarks Are Registrable
The immediate effect of this decision is that the PTO will not have a statutory basis to refuse trademark applications for marks containing or comprising vulgar, profane, or obscene matter.
United States
2 Jul 2019
4
No Longer Paid In Full: "Full Costs" Covers Only Taxable Costs In Copyright Cases
Under the American Rule, the prevailing party ordinarily must bear the bulk of its litigation expenses, unless Congress has explicitly authorized a broader award.
United States
13 Mar 2019
5
Registration Required: Supreme Court Resolves Circuit Split Over Requirements For Copyright Action
A unanimous U.S. Supreme Court rules that copyright owners must have a copyright registration before pursuing infringement claims in court.
United States
13 Mar 2019
6
United States
19 Feb 2019
7
Music To Copyright Owners' Ears: Second Circuit Affirms Capitol Records, LLC v. ReDigi Inc.
A federal appeals court finds that online music service ReDigi infringed Capitol Records' copyrights by allowing users to resell legally purchased iTunes files.
United States
20 Dec 2018
8
Sole Survivor: Federal Circuit Rejects ITC Determination That Converse Trade Dress Is Invalid
For the infringement analysis, the court held that the accused products must be substantially similar to the protected trade dress.
United States
11 Nov 2018
9
ZEROing In On Genericness: Federal Circuit Vacates Decision Finding ZERO Registrable
The Federal Circuit vacated the Trademark Trial and Appeal Board's determination that "ZERO" is not generic and has acquired distinctiveness, and remanded.
United States
13 Jul 2018
10
Three Stripes? NoŚNinth Circuit Rules On Evidence To Establish Irreparable Harm
In a much-anticipated ruling, the United States Court of Appeals for the Ninth Circuit modified a preliminary injunction entered against Skechers on May 10, 2018, in adidas America, Inc. v. Skechers USA, Inc.
United States
22 May 2018
11
Blurred Lines Between Inspiration And Infringement: Ninth Circuit Holds "Blurred Lines" Infringes Copyright
The Decision: The Ninth Circuit upheld the district court decision finding Pharrell Williams and Robin Thicke's song "Blurred Lines" infringed the copyright in Marvin Gaye's song "Got To Give It Up."
United States
27 Mar 2018
12
How Scandalous! Federal Circuit Holds Vulgar Trademarks Are Registrable
Trademarks will no longer be refused registration on the basis that they constitute immoral or scandalous matter. On December 15, 2017, the U.S. Court of Appeals for the Federal Circuit unanimously ruled in In re Brunetti that the bar against such marks is unconstitutional because it violates the First Amendment.
United States
2 Jan 2018
13
Win Or Lose: Appellants Of PTO Decisions In District Court Must Pay Attorneys' Fees
On June 23, 2017, the Federal Circuit held in NantKwest v. Matal that patent applicants seeking review of a decision from the United States Patent and Trademark Office ("PTO") to the district court...
United States
5 Jul 2017
14
Siding With The Slants: Ban On Disparaging Marks Held Unconstitutional
The United States Supreme Court held that Section 2(a) of the Trademark Act, prohibiting registration of "disparaging" trademarks, is unconstitutional.
United States
23 Jun 2017
15
Decision Cheered By Some, As Supreme Court Clarifies Useful Articles Copyright Protection
The United States Supreme Court held on March 22, 2017, that designs on the surface of a cheerleading uniform were eligible for copyright protection, clarifying the test used to determine...
United States
29 Mar 2017
16
Use It Or Lose It: USPTO To Conduct Post-Registration Trademark Use Audits
The United States Patent and Trademark Office may now issue post-registration Office actions requiring evidence of use on multiple goods or services for Section 8 and 71 trademark renewal affidavits.
United States
24 Mar 2017
17
A First Amendment Right To Disparaging Trademarks?: U.S. Supreme Court Asked To Review Federal Circuit Decision Holding Ban On Disparaging Marks Unconstitutional
Is the Lanham Act's prohibition on the registration of disparaging trademarks invalid under the First Amendment?
United States
26 Apr 2016
18
Ninth Circuit Says Fair Use Must Be Considered Before Sending A DMCA Takedown Notice
It is often said that hard cases make bad law. But what can be said of odd or even "crazy" cases?
United States
16 Sep 2015
19
Eastern District Of Virginia Confirms Cancellation Of REDSKINS Trademark Registrations
On July 8, 2015, a Virginia federal judge upheld the decision of the Trademark Trial and Appeal Board ("TTAB") cancelling six trademark registrations incorporating REDSKINS owned by Pro-Football, Inc.
United States
13 Jul 2015
20
High Court Says Trademark Trial And Appeal Board Decisions Can Have Preclusive Effect
In 1996, Hargis Industries, Inc. ("Hargis") applied to register the mark SEALTITE for "self-piercing and self-drilling metal screws for use in the manufacture of metal and post-frame buildings."
United States
29 Mar 2015
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