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 […]
RC
DB
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 […]
AH
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,” […]
SP
DB
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 […]
AB
DB
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. […]
TG
DB
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 […]
AB
DB
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 […]
JP
DB
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 […]
TF
DB
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 […]
JK
AH
By Peter R. Montecuollo and David G. Barker The Supreme Court of the United States granted certiorari in Fourth Estate Public Benefit v. Wall-Street.com to resolve a long-standing split among the United States Circuit Courts of Appeals concerning whether copyright owners must wait to file infringement suits until the United States Copyright Office has registered […]
PM
DB
