Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Features

What's Your Trademark Worth? Determining the Value of Trademarks For Collateral, Sale or Licensing Image

What's Your Trademark Worth? Determining the Value of Trademarks For Collateral, Sale or Licensing

Stacey C. Kalamaras & Henry Kaskov

This article explores the options available to a client to value its trademarks during a financial crisis, to ensure one of the most valuable assets it owns can continue to work for the company and see it through the lean times.

Features

Damages In Trademark Infringement Litigations Image

Damages In Trademark Infringement Litigations

Mark A. Salky & Jessica Johnson Fishfeld

During a time when online marketing, virtual shopping and electronic communication are more widely used than ever, it is critically important for entertainment industry businesses to be highly aware of how they are using trademarks, the scope of a trademark owner's rights and the consequences of infringing them.

Features

The Russian Vodka Saga Image

The Russian Vodka Saga

Jared Looper

Federal Treasury Enterprise Sojuzplodoimport v. Spirits International BV 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.

Features

What's in a Name? Booking.com and Consumer Perception Evidence Image

What's in a Name? Booking.com and Consumer Perception Evidence

David H. Bernstein & Jared I. Kagan

In the first case in U.S. Supreme Court history argued by telephone, the Court ruled 8-1 in favor of Booking.com, holding that it could register as a trademark its eponymous domain name BOOKING.COM.

Features

What's In a Name? Booking.com and Consumer Perception Evidence Image

What's In a Name? Booking.com and Consumer Perception Evidence

David H. Bernstein & Jared I. Kagan

In the first case in U.S. Supreme Court history argued by telephone, the Court on June 30, 2020 ruled 8-1 in favor of Booking.com holding that it could register as a trademark its eponymous domain name BOOKING.COM.

Features

Defense Counsel Discuss Outcome in Dance Steps Case Image

Defense Counsel Discuss Outcome in Dance Steps Case

Jenna Greene

Kirkland & Ellis has notched a win in cutting-edge litigation that questions the protectability of dance steps, what constitutes choreography and the relationship between copyright, and right of publicity and trademark law.

Features

Eliminating Willfulness as a Prerequisite to Recovering an Infringer's Damages in Dilution Cases Image

Eliminating Willfulness as a Prerequisite to Recovering an Infringer's Damages in Dilution Cases

Sarah Benowich

Romag Fasteners, Inc. v. Fossil, Inc. The Supreme Court, settling a circuit split, held that, although highly important, willfulness is not a prerequisite for a trademark infringement plaintiff to obtain a profits award.

Features

U.S. Supreme Court Rejects 'Defense Preclusion' in Trademark Suit Image

U.S. Supreme Court Rejects 'Defense Preclusion' in Trademark Suit

Anthony J. Dreyer

On May 14, 2020, the U.S. Supreme Court resolved a circuit split, finding that any preclusion of litigation defenses must comply with traditional res judicata principles, and ruling that Lucky Brand was not precluded from asserting its defenses in its long-standing trademark litigation against Marcel Fashions Group

Features

TRO Bid in Arts Case Results in COVID-19 Rebuke from Judge Image

TRO Bid in Arts Case Results in COVID-19 Rebuke from Judge

Jenna Greene

At this moment in COVID-19 time, if your case involved stopping the sale of counterfeit unicorn products on the Internet, sorry, that wouldn't be an emergency. That was the message from U.S. District Judge Steven C. Seeger, in a decision denying a request for a temporary restraining order filed on behalf of Art Ask Agency, the exclusive licensee for the fantasy art of British artist Anne Stokes, who is popular among the Dungeons and Dragons crowd.

Features

The Trademark That Got His Goat Image

The Trademark That Got His Goat

Mary A. Donovan

In a recent trademark cancellation case that has drawn "human interest" attention in the news, the plaintiff appealed an adverse decision to the Federal Circuit. The plaintiff was not "kidding" when he expressed his opinion that the registered mark, described as "goats on a roof of grass," is demeaning to goats which, in turn, is offensive to him.

Need Help?

  1. Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
  2. Need other assistance? email Customer Service or call 1-877-256-2472.

MOST POPULAR STORIES

  • The Article 8 Opt In
    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
    Read More ›
  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
    Read More ›
  • Pros and Cons of Master Leases
    Section 365 of the Bankruptcy Code grants debtors the ability to assume or reject any executory contract or unexpired lease. Debtors must assume or reject a lease in its entirety and are not free under Section 365 to assume only favorable provisions of a lease. Courts, however, have consistently held that they will not find a multi-property master lease to be a unitary lease merely because such properties are demised in a single document.
    Read More ›