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What do the fall of the Soviet Union, a heist of trademark rights, and Stolichnaya vodka have in common? They are all key components of the Russian Federation’s efforts to reclaim its trademarks in Stolichnaya vodka.
What do the fall of the Soviet Union, a heist of trademark rights, and Stolichnaya vodka have in common? They are all key components of the Russian Federation’s efforts to reclaim its trademarks in Stolichnaya vodka. After a convoluted history both of the transfer of these marks and the litigation to recover these marks, Federal Treasury Enterprise Sojuzplodoimport (FTE), the entity seeking to recover the Stolichnaya marks for the Russian Federation, has finally survived a motion to dismiss its case of trademark infringement after sixteen years of litigation. Federal Treasury Enterprise Sojuzplodoimport v. Spirits International B.V., 2020 WL 4349840 (S.D.N.Y. July 29, 2020). So why did it take so long for FTE to get to this stage?
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Admissibility of Evidence from Post-Grant Proceedings In District Court Trials
By Richard S.J. Hung, Alex S. Yap and Stephen J.H. Liu
Courts are increasingly excluding all evidence relating to post-grant proceedings before the PTAB, except when it is used for impeachment. This article reviews recent decisions on this issue from some of the nation’s busiest patent districts.
U.S. Tax Court Rules on Valuation of Michael Jackson’s Right of Publicity
By Stan Soocher
The significance of the U.S. Tax Court decision for celebrities and their estates is clear: Prior to now, as Tax Court Judge Mark V. Holmes noted: “We haven’t had a case directly addressing the taxability of the image and likeness.”
Counterfeiting vs. Infringement: Second Circuit Weighs In
By Eric Alan Stone and Catherine Nyarady
In two recent cases, the Second Circuit provided guidance as to the circumstances that may give rise to liability for counterfeiting, as distinct from mere infringement, and addressed liability for contributory infringement for counterfeiting.
TikTok Dances Around Another Copyright Infringement Suit
By Angela Morris
The Texas lawsuit alleged that the social video app and parent company ByteDance Ltd. copied software code, and deleted or altered copyright management information in the code, and then used the code in the app that has 175 million downloads.
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