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While enjoining infringing activity is the objective of most trademark infringement lawsuits, an analysis of the potential damages available in a trademark infringement action and the methodology for proving damages should be conducted prior to filing a complaint. Basic questions that need to be answered before filing a lawsuit include:
By Erin Hennessy, Annie Allison and Logan Kotler
Copyright, Fortnite and the Ability to Protect How You Shake Your Groove Thing
The U.S. Supreme Court just crashed the copyright world’s latest dance party — stepping on the toes of a soiree of copyright infringement lawsuits against videogame developer Epic Games, the creator of Fortnite.
IPR Estoppel: The Present and the Future
By John P. Isacson
IPRs have now been conducted for several years, and litigation has ensued over the procedures by which they are conducted. Decisions have been rendered by the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit, which have resolved some issues, created others, and altered procedures.
Best Practices for Social Media Advertising
By Amanda H. Wilcox
Social media is growing up, and this means that brands of all sizes and across all industries are using social media as part of their marketing strategy. However, courts have confirmed that the basic tenets of intellectual property law and advertising law still apply. The following guidelines stem from common questions that clients often have in the area of social media marketing.
By Jeff Ginsberg and Zhiqiang Liu
Federal Circuit Declines to Follow Patent Office’s Subject Matter Eligibility Guidance In Affirming Trial Court’s Decision That Claims Are Directed to Patent-Ineligible Subject Matter
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