The Supreme Court vacates a decision treating a company and its affiliates as "one and the same" for purposes of disgorging profits for trademark infringement under the Lanham Act, but leaves many questions unaddressed....more
3/5/2025
/ Affiliates ,
Corporate Governance ,
Damages ,
Dewberry Group Inc v Dewberry Engineers Inc ,
Disgorgement ,
Intellectual Property Protection ,
Lanham Act ,
Piercing the Corporate Veil ,
Profits ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated
The Court of Justice of the European Union ("CJEU") issued a landmark decision on February 25, 2025, in the case of BSH Hausgeräte GmbH v. Electrolux AB. The ruling extends the jurisdiction of EU courts to adjudicate...more
3/3/2025
/ Copyright ,
Copyright Infringement ,
Corporate Counsel ,
Design Patent ,
Enforcement Actions ,
Injunctions ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Jurisdiction ,
Trademark Infringement ,
Trademarks
There are numerous actions currently pending in federal courts that involve artificial intelligence ("AI") and copyright law. Among other things, courts must determine if infringement occurs when an AI is trained on...more
2/26/2025
/ Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Intellectual Property Protection ,
Legal Research ,
Legal Training ,
Machine Learning ,
Thomson Reuters ,
Westlaw
Artificial intelligence ("AI") raises unique challenges in the context of copyright law. To address and clarify various issues arising at the intersection of AI and copyright, the U.S. Copyright Office ("Office") is in the...more
The U.S. Patent and Trademark Office ("USPTO") will raise trademark fees across the board and introduce new application surcharges starting January 18, 2025....more
Scams related to U.S. trademark filings are becoming more common and sophisticated, making these scams increasingly difficult for trademark owners to identify....more
On November 19, 2024, a jury found that online retailer Vintage Brand LLC and its manufacturer Sportswear Inc. infringed the Pennsylvania State University's ("Penn State") trademarks in connection with the sale of merchandise...more
The Supreme Court held that copyright owners who file a timely claim may obtain damages no matter when the copyright infringement occurred. ...more
5/14/2024
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Ownership ,
Damages ,
Discovery ,
Intellectual Property Protection ,
SCOTUS ,
Statute of Limitations ,
The Copyright Act ,
Warner Chappell Music v Nealy
In a closely watched trademark infringement case, the Supreme Court of the United States held that when an alleged infringer uses a trademark as a source identifier for the infringer's own products, the First Amendment does...more
6/19/2023
/ Dilution ,
First Amendment ,
Free Speech ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Likelihood of Confusion ,
Rogers Test ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Ownership ,
Trademarks
In Short -
The Situation: Workforces are increasingly using generative artificial intelligence ("AI") platforms to generate diverse content ranging from marketing materials, translations, source code, and more....more
Following several years of lead-up, including public engagement, the review of more than 13,000 comments, and conducting focus group studies, on February 22, 2023, the U.S. Food and Drug Administration ("FDA") issued a draft...more
In a closely watched trademark infringement case involving non-fungible tokens ("NFTs"), a jury found that the sale of digital images of Hermès's Birkin bags as NFTs infringed and diluted Hermès's trademarks....more
2/14/2023
/ Artistic Works ,
Consumer Confusion ,
Digital Assets ,
Dilution ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
First Amendment ,
Intellectual Property Protection ,
Investment Opportunities ,
Non-Fungible Tokens (NFTs) ,
Smart Contracts ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
In Short -
The Situation: The metaverse provides new commercial opportunities for businesses to reach consumers and creates new challenges for protecting and enforcing brands in a virtual environment....more
Background -
On February 14, 2022, the Review Board of the U.S. Copyright Office denied a second request for reconsideration regarding a refusal to register artwork created by AI. Importantly, the application for...more
The Supreme Court holds that the Copyright Act's safe harbor provision preserves the validity of a copyright registration notwithstanding an inaccuracy in the underlying application based on a good-faith mistake—regardless of...more
This year kicked off with new tools to help brand owners protect and enforce their marks.
The use of a trademark in commerce is an important aspect of U.S. trademark law; however, an increasing number of trademark...more
Signed into law in July of 1946, the Lanham Act has, for 75 years, governed U.S. trademark, servicemark, and unfair competition matters. In this edition of the Jones Day Talks Women in IP series, Meredith Wilkes, Anna Raimer,...more
6/24/2021
/ Dilution ,
Domain Names ,
Intellectual Property Protection ,
Lanham Act ,
Service Marks ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Modernization Act (TMA) ,
Trademarks ,
Unfair Competition ,
Willful Infringement
U.S. Supreme Court holds that Google's use of a small fraction of Oracle's Java SE API code for its Android platform is a fair use under copyright law.
On April 5, 2021, the U.S. Supreme Court ended a more than 10-year...more
In this White Paper, we share observations on 2020's most significant developments in trademark law. This year, the U.S. Supreme Court penned three opinions concerning what constitutes a protectable trademark, available...more
The Situation: Changes to the Trademark Act were called for due to a Circuit split regarding the standard for injunctive relief in trademark infringement cases and an increase in fraudulent trademark applications and...more
Jones Day's Meredith Wilkes and Anna Raimer discuss 2020's most significant developments in trademark law and preview what's to come in 2021, including possible progress in Washington on the highly anticipated Trademark...more
12/10/2020
/ Acquired Distinctiveness ,
Appeals ,
Application Fees ,
Charge-Filing Preconditions ,
Claim Preclusion ,
Collateral Estoppel ,
Compensatory Awards ,
Counterfeiting ,
Defense Preclusion ,
Dilution ,
Domain Name Registration ,
Electronic Filing ,
Generic Marks ,
Issue Preclusion ,
Lanham Act ,
Legislative Agendas ,
Lucky Brand Dungarees v Marcel Fashion Group ,
Oral Argument ,
Oral Hearings ,
Registration Fees ,
Remedies ,
Res Judicata ,
Romag Fasteners v Fossil ,
SCOTUS ,
Split of Authority ,
Subsequent Litigation ,
Trade Dress ,
Trademark Application ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO ,
Websites ,
Willful Infringement
The Second Circuit vacates Tiffany's summary judgment win over Costco and remands for a trial over the use of the word "Tiffany" in advertising for engagement rings.
On August 17, 2020, in Tiffany & Co. v. Costco Wholesale...more
A generic.com term may be eligible for trademark protection if consumers perceive the term as a source identifier.
The combination of a generic word plus ".com" does not necessarily equal a generic term. Instead, in an 8–1...more
7/13/2020
/ Acquired Distinctiveness ,
Appeals ,
Booking.com ,
Domain Name Registration ,
Domain Names ,
Generic Marks ,
Lanham Act ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO
In a unanimous opinion, the U.S. Supreme Court ruled in favor of jeans manufacturer, Lucky Brand Dungarees, Inc. ("Lucky"), in its protracted trademark battle with Marcel Fashions Group, Inc. ("Marcel"), holding that Lucky...more
5/19/2020
/ Claim Preclusion ,
Collateral Estoppel ,
Counterclaims ,
Defense Preclusion ,
Fashion Branding ,
Issue Preclusion ,
Lucky Brand Dungarees v Marcel Fashion Group ,
Motion to Dismiss ,
Release Agreements ,
Res Judicata ,
SCOTUS ,
Split of Authority ,
Subsequent Litigation ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
Revisiting the government edicts doctrine for the first time in more than a century, the U.S. Supreme Court in Georgia v. Public.Resource.Org, Inc., No. 18–1150, 590 U.S. ___ (2020), split 5-4 to hold that annotations to...more
5/6/2020
/ Annotated Case Law ,
Appeals ,
Copyright ,
Copyright Infringement ,
Copyrightable Subject Matter ,
Georgia v. Public.Resource.Org Inc ,
Government Edicts Doctrine ,
Legislative Duties ,
Reaffirmation ,
Reversal ,
SCOTUS ,
Statutory Code ,
The Copyright Act