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Ninth Circuit Refuses to Vacate Lower Court’s Ruling After Settlement During Appeal

By Rachael Peters Pugel and David G. Barker On Tuesday, the Ninth Circuit declined to vacate a district court’s ruling at the request of the parties after they reached a settlement of their trademark dispute. In Reserve Media, Inc. v. Efficient Frontiers, Inc., Efficient Frontiers alleged that Reserve Media, a restaurant technology startup, infringed its […]

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Webcast Title Using Trademarks of Another Deemed Nominative Fair Use

By Robert A. Clarke and David G. Barker The Ninth Circuit Court of Appeals recently held that the title of a webcast, which included two trademarks belonging to another party, constituted nominative fair use, which protected the defendants from trademark infringement claims. The plaintiff in Applied Underwriters v. Lichtenegger offers workers’ compensation insurance to employers […]

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Helsinn Healthcare v. Teva Pharmaceuticals USA: Textualism Runs Aground

By Andrew F. Halaby Affirming the Federal Circuit, the Supreme Court on January 22 held that post-AIA section 102(a)(1)’s provision, A person shall be entitled to a patent unless . . . the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before […]

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AH
Former Partner

How Scandalous! SCOTUS Again Takes up Whether the Lanham Act Violates the First Amendment

By Shalayne Pillar and David G. Barker On Friday, the Supreme Court of the United States agreed to hear a case that will decide whether the federal ban on trademark protection for “scandalous” material is unconstitutional.  In re Brunetti follows the U.S. Patent and Trademark Office’s (“USPTO’s”) denial of trademark registration for the word “Fuct,” […]

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SP
Former Associate

Digital Music File Resales Infringe Record Labels’ Copyrights

By Anne Bolamperti and David G. Barker On December 12, 2018, the Second Circuit Court of Appeals affirmed a district court’s ruling favoring several major record company plaintiffs in a copyright infringement case against a digital music resale site.  Defendant ReDigi, Inc. resells digital music files on the Internet.  ReDigi permits individuals who purchase digital music […]

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AB
Former Associate

Supreme Court to Decide Multiple IP Issues This Term

 By Taryn J. Gallup and David G. Barker On October 26, 2018, the Supreme Court of the United States (“SCOTUS”) granted certiorari in two IP cases.  In Mission Product Holdings, Inc. v. Tempnology, LLC, SCOTUS will address a circuit split on the effect bankruptcy has on trademark license rights.  In Return Mail, Inc. v. U.S. […]

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Attorney Petitions SCOTUS Regarding Former Client’s Defamatory Yelp Reviews

By Anne Bolamperti and David G. Barker A California attorney and her law firm filed a petition on October 18, 2018, asking the Supreme Court of the United States (“SCOTUS”) to review the California Supreme Court’s ruling that reversed an injunction that would have required Yelp, Inc. to remove defamatory reviews from its website. Dawn […]

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AB
Former Associate

Ninth Circuit Holds County’s Advertising Restriction on “Disparaging Material” Unconstitutional

By Justin K. Powley and David G. Barker The Ninth Circuit held yesterday in American Freedom Defense Initiative v. King County that a county’s advertising program on public buses that rejected advertisements on the basis of disparaging material violates the First Amendment’s free speech clause and therefore is unconstitutional. King County provides public transportation in […]

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JP
Former Associate

Federal Circuit Holds Tribal Immunity Does Not Bar IPR of Tribe-Owned Patents

By Tyler J. Fortner and David G. Barker Last week, the Federal Circuit held that tribal sovereign immunity does not apply to inter partes review (IPR) actions instituted at the Patent Trial and Appeal Board.  The decision, in Saint Regis Mohawk Tribe et al. v. Mylan Pharmaceuticals Inc., comes approximately a month and a half […]

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TF
Former Associate

First Amendment Free Speech Protection Is Alive and Well

By Jessica D. Kemper* and Andrew F. Halaby The First Amendment’s free speech guarantee has proved determinative in a variety of very recent Supreme Court decisions. In Matal v. Tam (see here), the Court held that the First Amendment precludes denial of registration of an allegedly offensive trademark.  In National Institute of Family and Life […]

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JK
Former Associate
AH
Former Partner