SWIPLit

Supreme Court to Decide Two Trademark Cases

By Shalayne Pillar and David G. Barker The Supreme Court of the United States recently granted certiorari in two trademark cases. In Romag Fasteners v. Fossil, the Court will consider whether courts can order trademark infringers to disgorge their profits without a finding of “willful” infringement. In Lucky Brand Dungarees v. Marcel Fashion Group, the […]

July 5, 2019 | 2 min read | Tagged: damages, Federal Circuit, profits, Second Circuit, Supreme Court

Shalayne Pillar Former Associate

David G. Barker Partner

SCOTUS Resolves Circuit Split: Trademark License Rejection in Bankruptcy Does Not Terminate Licensee’s Usage Rights

By Emily R. Parker* and David G. Barker The U.S. Supreme Court recently held in Mission Product Holdings v. Tempnology that a trademark licensor cannot revoke the right of a licensee to use a trademark by terminating a license agreement in bankruptcy. Mission licensed a trademark from Tempnology, which terminated the license after filing bankruptcy […]

May 23, 2019 | 3 min read | Tagged: bankruptcy, Second Circuit, Seventh Circuit, Supreme Court, trademark

Emily R. Parker Associate

David G. Barker Partner

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 […]

Anne Bolamperti Former Associate

David G. Barker Partner