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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.

Features

When Are Short Phrases in Songs Protectable? Image

When Are Short Phrases in Songs Protectable?

Robert W. Clarida & Robert J. Bernstein

It's a common fact pattern: A songwriter alleges that another songwriter has infringed the lyrics of Song A by using a similar short phrase, frequently a current slang phrase, in the lyrics of Song B. Claims like this do not often succeed because "words and short phrases such as names, titles, and slogans" are "not subject to copyright."

Columns & Departments

IP News Image

IP News

Anthony H. Cataldo

U.S. Supreme Court to Hear Booking.com Trademark Case

Features

Exploring the Nebulous Boundaries of Trade Dress Image

Exploring the Nebulous Boundaries of Trade Dress

Nicole D. Galli

Now that we are in the digital age, questions have been raised about the trade dress of websites and apps.

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