HYATT v. HIRSHFELD -
Before Reyna, Wallach, and Hughes. Appeal from the United States District Court for the District of Columbia.
Summary: The PTO met its burden to prove prosecution laches for bulk-filed patent...more
On April 23, 2020, the U.S. Supreme Court unanimously held in Romag Fasteners Inc. v. Fossil Inc. that a finding of “willfulness” is not required as a precondition to an award of an infringer’s profits. The decision resolves...more
4/27/2020
/ § 1125(a) ,
§ 1125(c) ,
Appeals ,
Burden of Proof ,
Charge-Filing Preconditions ,
Compensatory Awards ,
Dilution ,
Lanham Act ,
Lost Profits ,
Remand ,
Remedies ,
Romag Fasteners v Fossil ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated ,
Willful Infringement
The Kardashian sisters were the celebrity endorsers for a cosmetic line previously called “Khroma Beauty” that was created and marketed by Boldface....more
6/7/2019
/ Breach of Contract ,
Celebrity Endorsements ,
EU ,
Fashion Branding ,
IP License ,
Kardashians ,
Lanham Act ,
Preliminary Injunctions ,
Standing ,
Trademark Infringement ,
Trademarks
The U.S. Supreme Court on Monday, March 4, 2019, held in a 9-0 decision that the term “full costs” in § 505 of the Copyright Act is limited by the general “costs” statute (28 U.S.C. §§ 1821 and 1920). For example, § 505 does...more
On Monday, March 4, 2019, the U.S. Supreme Court held in a unanimous decision that, under § 411(a) of the Copyright Act, a claimant may not bring suit for copyright infringement until the Copyright Office has either granted...more
What is the GDPR?
The European General Data Protection Regulation (GDPR) is a new law going into effect on May 25, 2018 that grants European residents broad, never-before-recognized data privacy rights, and imposes...more
1/11/2018
/ Compliance ,
Corporate Fines ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
EU ,
EU Data Protection Laws ,
Extraterritoriality Rules ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Data ,
Popular
A recent UK court held that Karen Millen, a fashion designer and co-founder of the Karen Millen brand, was prohibited from using her name, KM or K.Millen or any other confusingly similar names in connection with clothing and...more
10/25/2016
/ Breach of Contract ,
Confusingly Similar ,
Contract Drafting ,
Contract Terms ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Personal Brands ,
Trademark Infringement ,
Trademark Registration ,
Trademarks ,
UK
Voters in the U.K. recently passed a referendum paving the way for the U.K. to leave the European Union (EU). In response, British Prime Minister David Cameron resigned on Wednesday, July 13, 2016, with Theresa May as his...more
7/15/2016
/ Article 50 Treaty of the EU ,
community ,
Community Designs ,
EU ,
European Patent Office ,
European Union Trade Mark (EUTM) ,
Intellectual Property Protection ,
Patents ,
Referendums ,
Trademark Registration ,
Trademarks ,
Treaty of Lisbon ,
UK Brexit ,
UK Intellectual Property Office (UK IPO) ,
Unified Patent Court ,
Unified Patent System ,
Unitary Patent
1. Ownership of marks -
Who may apply?
An application may be filed by any person or legal entity that uses or intends to use a mark in connection with goods sold or distributed, or services transacted, in United...more
Why It’s Important: Yesterday’s ruling indicates that the reach of the Lanham Act regarding false and misleading advertising extends beyond the FDCA labeling requirements in protecting companies from having their customers...more
We recently asked: for customers and businesses alike, what should we know about libel and defamation (and the legal pitfalls of online rants in general) before we post negative comments online? Here’s what we heard back....more
Counterfeiting is a critical problem for trademark and copyright owners (‘IP owners’) affecting all industries, from pharmaceuticals and medical devices to electrical and auto products, toys and fashion items. To effectively...more