Injunctions for All – Speaking of Litigation Podcast
The Labor Law Insider: NLRB Adopts Pro-Labor Remedies for Alleged Unfair Labor Practices, Part III
#WorkforceWednesday: New COVID-19 Testing Guidance, NLRB Increases Use of Injunctive Relief, D.C. Amends Near-Universal Ban on Non-Competes - Employment Law This Week®
The Labor Law Insider: NLRB Adopts Pro-Labor Remedies for Alleged Unfair Labor Practices, Part II
The Labor Law Insider: NLRB Adopts Pro-Labor Remedies for Alleged Unfair Labor Practices
JONES DAY TALKS®: Consumer Protection Enforcement Changes Likely After SCOTUS AMG Decision
Key Takeaways from the AMG Capital Management v. FTC Decision
#WorkforceWednesday: New AB5 Exemptions, EEOC COVID-19 Updates, Joint-Employer Rule Partially Struck Down - Employment Law This Week®
A franchisor may pursue claims for declaratory and injunctive relief for potential trademark infringement against a former prospective franchisee even though the prospect never actually used the marks in question. Grainier...more
12th Man Up in the First Half: Texas Court Rules that Aggies Athletic Foundation Owes No Fiduciary Duty to Football Boosters, Second Half to Reveal Winner on Contract Claims - There is perhaps no relationship stronger and...more
A federal court in Florida recently granted in part and denied in part a former franchisee’s motion to dismiss claims for breaching a post-termination noncompete agreement, trademark infringement, and unfair competition. CHHJ...more
The US Court of Appeals for the 10th Circuit upheld a district court’s injunction barring multiple foreign companies from directly or indirectly using a US remote control manufacturer’s trade dress based on the...more
It was hard to escape news last month of the “Satan Shoes” collaboration between Lil Nas X and Brooklyn art collective MSCHF Product Studio (“MSCHF”). The limited (666 pairs) release of custom red and black Nike Air Max...more
[co-author: Joseph Diorio, Law Clerk] The April 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the suit filed by Nike over MSCHF's "Satan Shoes"; the latest PTAB decision in the ongoing battle...more
On December 21, 2020, Congress passed the Consolidated Appropriations Act, 2021 and the act was signed into law on December 27, 2020. But don’t let the bland title fool you. ...more
Trademarks are the heartbeat of all businesses that rely on brand identity to reach their audience. Nowhere is this more important than for entertainment and media companies that constantly struggle through the often...more
The Trademark Modernization Act (TMA) was signed into law on December 27, 2020. The Act introduces significant amendments to the Lanham Act designed to strengthen the rights of legitimate trademark owners. The Act makes it...more
2020 was a year like no other, so you’d be forgiven if the year’s biggest headlines in trademark law didn’t quite catch your attention. In 2020, the US Supreme Court shaped trademark jurisprudence through a trio of notable...more
On December 27, 2020, Congress signed the Consolidated Appropriations Act, 2021, into law. The omnibus act includes new legislation affecting patent, copyright and trademark law. A brief summary of key provisions is provided...more
After a fair amount of end-of-year legislative drama, the Trademark Modernization Act of 2020 (“TMA”) was signed into law on December 27, 2020 as part of the Consolidated Appropriations Act for 2021, which also included...more
By way of a precedential decision published on April 23, 2019, the Eleventh Circuit joined the Sixth and Ninth Circuits in holding that trademark owners who seek disgorgement of the infringer’s profits in lieu of actual...more
Under the first sale doctrine, once a trademark owner first authorizes its branded product to be sold to a consumer, the trademark owner’s right to control the further re-sale of that product is generally said to be...more
In Cosmetic Warriors v. Pinkette Clothing, the Ninth Circuit addressed the availability of laches in trademark infringement and cancellation actions under the Lanham Act. ...more
NOSB Votes to Continue Allowing Hydroponics - The National Organic Standards Board (NOSB) has reportedly voted to continue allowing food grown in water-based nutrient solutions to be labeled “organic,” rejecting a...more
A Pennsylvania jury recently returned a verdict under the federal Defend Trade Secrets Act of 2016 (DTSA)—the first verdict of its kind in the country. In Dalmatia Import Group, Inc. et al. v. FoodMatch, Inc. et al.,...more
On October 24, 2016, the Ninth Circuit Court of Appeals, sitting en banc, held that district courts analyzing a request for attorney fees under the Lanham Act should consider the totality of the circumstances, as set forth in...more
Addressing the likelihood of success requirement for injunctive relief, the U.S. Court of Appeals for the First Circuit vacated an order requiring trademark attribution where the district court had not found a likelihood of...more