Thank you for reading the February 2024 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the advertising rights of luxury resellers and important updates to the Warner Chappell Music v. Nealy...more
3/1/2024
/ Brand ,
Copyright ,
Copyright Litigation ,
Copyright Ownership ,
Counterfeiting ,
Damages ,
Discovery ,
False Advertising ,
First Sale Doctrine ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Music ,
Music Industry ,
Petrella v. MGM ,
SCOTUS ,
Sound Recording Copyrights ,
Statute of Limitations ,
The Copyright Act ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
Unfair Competition
It is well established that under the First Sale Doctrine luxury resellers have the right to resell genuine, pre-owned goods, and advertise them as such. But does the doctrine give merchants carte blanche in advertising...more
2/28/2024
/ Brand ,
Counterfeit Goods Regulation ,
False Advertising ,
First Sale Doctrine ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Ownership ,
Trademarks ,
Unfair Competition
In comparison to prior years, the ITC had a lower case load in 2023. This does not appear to have any relationship with the average time to resolution, but it could be contributing to the ITCs increased tendency to resolve...more
Section 337 investigations at the ITC have proven to be an efficient and powerful method for Complainants seeking relief from unfair importation. The Commission’s injunctive powers provide an attractive forum for Complainants...more
2/15/2024
/ Administrative Law Judge (ALJ) ,
Design Patent ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Investigations ,
Legislative Agendas ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Proposed Legislation ,
Regulatory Requirements ,
Section 337