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COGNAC, Hip Hop and Fame: A Trademark Showdown with a Twist

You might be wondering what cognac, hip-hop and fame have in common. The answer, at least in a recent opinion by the U.S. Court of Appeals for the Federal Circuit, is certification trademarks. We have written in the past...more

Trademark Tussle: When Elves Land on the Naughty List

'Tis the season for a Christmas … lawsuit? Yes, that's right. This year, Santa's workshop is abuzz with more than just toymaking. Indeed, instead of focusing on their mischievous escapades of making snow angels in flour on...more

Toss It in the Trash: Uptick in Scams Relating to Trademark Rights

Holland & Knight's Intellectual Property Group has seen an escalation in emails to clients in which the sender applies the scare tactic of "react quickly or lose your rights to your trademark." These are very often scams....more

Order Up: Restaurant's Arbitration Agreement Held Valid Without Its Signature

As the restaurant industry continues to grapple with challenges against employee-arbitration clauses, the U.S. Court of Appeals for the Fifth Circuit has found that an arbitration agreement signed only by an employee is valid...more

SDNY Court: Claim Must Be "Wholly Without Merit" to be Entitled to Attorney Fees Under DTSA

Magistrate Judge James L. Cott of the U.S. District Court for the Southern District of New York recently recommended denial of a motion for attorneys' fees to a prevailing party under the Defend Trade Secrets Act (DTSA). The...more

A Dismissal Without Prejudice May Not Support Fee Award Under the DTSA

In a case of first impression, Judge Gregg Costa of the Fifth Circuit, affirming a lower court decision, held that a dismissal without prejudice of a Defend Trade Secrets Act (DTSA) case does not support a prevailing-party...more

Brexit Impact on Intellectual Property Rights to Be Known Only After UK Exit Terms Finalized

Although the United Kingdom (UK) vote to leave the European Union (EU) will ultimately impact intellectual property (IP) rights in both territories, the UK remains a member of the EU until the exit terms are formalized, so...more

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