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Litigation

  • Eleventh Circuit Affirms Permanent Injunction Against Former Commodores' Member over Use of Group's Name
    Federal Court Ruling in Trademark Battle over “Row”
    Political Uses of Photos of Artists Ruled Transformative Fair Uses of Copyrights

    February 01, 2018Stan Soocher
  • Failure to Disclose Gas Tanks Does Not Constitute Contract Breach
    Divestiture Agreement
    Unrecorded Mortgage
    CEMA Suffices

    February 01, 2018ssalkin
  • A Public Relations Case Study

    It's a story as old as time: A matter of the heart becomes a matter of revenge, power, and money for a scorned lover. Regardless of the reason, when an organization is pushed into bankruptcy, it requires an attention to detail, creativity, and compassion for how scary the term “bankruptcy” is for most people.

    February 01, 2018James R. Selth and Eden Gillott Bowe
  • Judges Newman and Reyna Argue that Litigation Misconduct does not Demonstrate Intent to Deceive the PTO
    Federal Circuit Affirms Board's Decisions in IPRs Finding a Video Conferencing Patent Not Anticipated or Obvious
    Federal Circuit Affirms No Intent to Deceive for Inequitable Conduct Claim Where Inventors Should Have Documented Findings to the USPTO

    February 01, 2018Howard Shire and Michael Block
  • This article examines the impact of TC Heartland with a focus on recent Federal Circuit decisions applying TC Heartland and further clarifying the scope of where patent cases may be filed.

    January 01, 2018Gregory Parker and Andrew J. Rittenhouse
  • Board Says It Doesn't Matter Whether Use Is By a Trademark Owner Or a Third Party

    In a nearly 50-page precedential opinion, the Trademark Trial and Appeal Board (TTAB) panel of Judges Adlin, Heasely, and Lynch, underscored the need to prove actual use in commerce in order to register a trademark, regardless of how low the standard for use under the Lanham Act has recently become. Tao Licensing, LLC, v. Bender Consulting d/b/a Asia Pacific Beverages.

    January 01, 2018Howard J. Shire and Jeremy S. Boczko
  • The U.S. Court of Appeals for the Ninth Circuit upheld a win for ESPN in a lawsuit that accused the company of sharing the personal identities of customers, who used the sports network's Roku streaming application, with data analytics companies.

    January 01, 2018Ross Todd