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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.
Fourth Circuit Rules that Website’s Unauthorized Posting of Stock Photograph Was Not ‘Fair Use’
By Michael W. Mitchell and Edward Roche
The decision in Brammer v. Violent Hues sheds some light on when re-posting will be a “fair use” and when it will give rise to liability.
How the U.S.-China Trade War Effects IP Strategy
By Rob Maier
The trade war between the United States and China has had far-reaching effects on international trade and the global economy. The dispute is slowly developing into a battle of attrition, without any immediate resolution on the horizon despite ongoing trade talks. As businesses change the way they operate in response to this unpredictable trade environment, counsel should consider the risks and potential impacts on corporate IP strategy.
The California Consumer Privacy Act: Everything You Wanted to Know But Were Afraid to Ask
By Alan L. Friel
Part One of a Two-Part Article
The California Consumer Privacy Act (CCPA) is a comprehensive new consumer protection law set to take effect on Jan. 1, 2020. In the wake of the CCPA’s passage, approximately 15 other states introduced their own CCPA-like privacy legislation, and similar proposals are being considered at the federal level. Part One of this article covers how the CCPA applies to businesses — both in and outside California, the revenue threshold, proposed amendments and other open issues.
By George Soussou and Jeff Ginsberg
More Than a Recitation of Hooke’s Law Needed for Patent Protection
A Claim for a Chair Limits the Claim to a Chair
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