The owner of a commercially successful patent may have competing desires. On one hand, the patent owner wants to protect the patent and secure its maximum benefit; on the other hand, the patent owner wants to avoid enforcement litigation with competitors because it is expensive and puts the patent at risk.
- September 01, 2019Tom Gushue
The decision in Romag Fasteners v. Fossil will bring welcome uniformity, ending the status quo where eligibility to recover profits under the Lanham Act depends on which court is deciding the dispute
September 01, 2019Norman C. Simon and Patrick J. CampbellThat U.S. copyright-assignment termination issues are among the most complex in the copyright field becomes even more apparent when attempts to reclaim copyrights involve aspects of international law. Few courts have ruled, however, on the impact of international law on U.S. copyright-assignment terminations. The most recent to do so is the U.S. Court of Appeals for the Second Circuit in Ennio Morricone Music Inc. v. Bixio Music Group Ltd.
September 01, 2019Stan SoocherSome contract provisions will necessarily be customized for use in the particular agreement, while others will be boilerplate. But the intersection of those provisions in a merger agreement involving the acquisition of Cablevision Systems Corp led to a serious dispute— and cautionary tale for the merger-laden entertainment and media industries — about interpretation of the agreement, requiring a Delaware court to determine the impact of potentially conflicting language.
September 01, 2019James H.S. Levine and Douglas D. HerrmannIn the U.S. Supreme Court's ruling in Iancu v. Brunetti, Justice Sonia Sotomayor's dissent cautioned that the decision is likely to pave a path to a "coming rush to register [vulgar, profane, or obscene] trademarks." The reasoning stems from the court's majority finding that a portion of 15 U.S.C. §1052 — which had previously prohibited the registering of "immoral" or "scandalous" trademarks — is unconstitutional. Practically speaking, however, this "coming rush" will likely not be the case, even via the entertainment industry.
September 01, 2019Brian R. MichalekThe U.S. Court of Appeals for the Eleventh Circuit upheld the dismissal of a lawsuit claiming a Florida lawyer failed to follow through on a $75,000 deal to land the late mega-musician Prince for a 2012 gig.
September 01, 2019Greg LandThe California Court of Appeal, Second Appellate District, ruled in favor of actress and former supermodel Janice Dickinson in her 2015 suit against comedian Bill Cosby over comments his then-attorney Marty Singer made to the press.
September 01, 2019Suzette ParmleyFormer Accountant for W.C. Handy Estate Can Proceed with Defamation Claims Against Estate's Trustee and Lawyer
September 01, 2019Stan SoocherA review of recent cases involving e-discovery.
September 01, 2019Mike HamiltonDespite the historical trend of reduced government involvement in qui tam actions, the government is sending "mixed messages" regarding its view of FCA relators.
September 01, 2019Jonathan S. Feld and Katie J. Welch










