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Actress Scarlett Johansson’s lawsuit against The Walt Disney Co. over the simultaneous “day-and-date” release on July 9, 2021, of the motion picture Black Widow in movie theaters and on the Disney+ streaming service generated extensive media coverage when it was filed in Los Angeles Superior Court. Periwinkle Entertainment Inc. v. The Walt Disney Co., 21STCV27831.
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By Sarah Benowich
The Federal Circuit recently clarified — and lowered — the threshold to exercise specific personal jurisdiction over an out of state declaratory judgment defendant.
By Eric Alan Stone and Catherine Nyarady
The likelihood of confusion analysis is often focused on confusion at the time of purchase, but the U.S. Court of Appeals for the Second, Third, Fifth, Sixth, Seventh, Ninth, Tenth and Federal Circuits permit mark holders to allege infringement based on presale, initial-interest confusion. Earlier this year, the Eighth Circuit joined the majority of circuits in permitting recovery for initial-interest confusion in certain circumstances.
By Christopher Jackson and Jessica Smith
the Tenth Circuit held that the Lanham Act can have extraterritorial application, if certain conditions are met. In doing so, the appellate court recognized — and further deepened — an ongoing circuit split.
By Howard Shire and Jóna Mays
Nike Seeks $150 Million In Sanctions from Six Chinese Banks, and Loses