Publications

TTAB Shows Brands How To Avoid Getting Lost In Translation

UNITED STATES: THE EBONYS Decision Reveals TTAB's Claim Preclusion Limits

INTA - International Trademark Association

Federal Circuit Clarifies which Third Party Uses are Germane to Challenge a Registrant's Section 2(f) Claim of "Substantially Exclusive" Use

Fourth Circuit Holds that Equitable Defense of Laches, Not Most Analogous Statute of Limitations, Applies to Section 43(a) Claims

Fifth Circuit Holds that Mitigation is Not an Absolute Defense to Statutory Damages for Copyright Infringement and DMCA Violations

In Energy Intelligence Grp., Inc. v. Kayne Anderson Capital Advisors, L.P., 2020 U.S. App. LEXIS 1347, __ F.3d __ (5th Cir. Jan. 15, 2020), on an issue of first impression, the Fifth Circuit held that a mitigation defense is not an absolute defense to statutory damages for copyright infringement or DMCA violations.

Ninth Circuit Affirms $3.9 Million Attorney's Fees Award in Ultraman Copyright Dispute

The Ninth Circuit recently affirmed a $3,938,227.22 attorney's fees award in the contract and copyright dispute between UM Corporation ("UMC") and Tsuburaya Products Co. ("TPC") and other companies relating to the alleged wrongful creation of derivative works of the superhero Ultraman film series. UM Corp. v. Tsuburaya Prods. Co., 2019 U.S. App. LEXIS 36134, Case Nos. 18-55604, 18-56133 (9 Cir. Dec. 5, 2019).

I burn, burn like a wicker chair; chalk white and oh-so frail...

The title above refers to a lyric from a 1998 song by Eve 6, although they used the word "cabinet" instead of "chair." While this simple substitution of a word on my part is designed to evoke an image, the choice of words and the image evoked* can mean so much more in the world of design patents.

A Voluntary Dismissal without Prejudice does not Yield a Prevailing Party for Purposes of Fee Shifting under the Defend Trade Secrets Act

In its first case construing the Defend Trade Secrets Act, the U.S. Court of Appeals for the Fifth Circuit held that defendants were properly denied attorneys' fees after the district court granted the plaintiff's Rule 41(a)(2) motion to dismiss the case without prejudice because the defendants were not "prevailing parties" under the Act, 18 U.S.C.S. § 1836 (b) (3) (D).

Ninth Circuit Confirms: Apparently Honey Badger Does Care . . . About Trademarks

Second Circuit Affirms Holding that Universal Church is Generic