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The Third Circuit has adopted McCarthy’s “ownership” test in determining whether a manufacturer or distributor owns a trademark in the absence of an express agreement between the parties. In Covertech Fabricating, Inc. v. TVM Building Products, Inc. et.al., No. 15-3893 (3d Cir. 2017), the court adopted McCarthy’s test as the formal rule of the circuit, specifically replacing the “first use” test that typically decides trademark ownership disputes. The McCarthy test was first enumerated in Professor Thomas McCarthy’s seminal treatise on trademark law. See, McCarthy on Trademarks & Unfair Competition (4th ed. 2017). The Covertech case may prove to be a “win” for manufacturers as opposed to exclusive distributors when ownership of trademarks is not specified in their contract.
By Alan L. Friel
Part Two of a Two-Part Article
By Scott Graham
The U.S. Supreme Court has jumped into a titanic copyright battle between Oracle Corp. and Google LLC with both barrels. The court’s involvement is sure to reignite a 50-year-old debate over how much, if any, software should be subject to copyright, and the contours of the fair use defense in the digital age.
By Phillip Bantz
Some of China’s largest companies have banded together with major brands in the United States and elsewhere to neutralize “patent trolls,” an indication that the country’s firms are becoming increasingly concerned about patent infringement litigation.
By Anthony H. Cataldo
U.S. Supreme Court to Hear Booking.com Trademark Case