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.
June 01, 2020Sarah Benowich
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
June 01, 2020Anthony J. DreyerThe U.S. Supreme Court has ruled that individual states are free to commit copyright infringement. The Court held that Congress attempted to abrogate states' sovereign immunity in an unconstitutional manner when enacting the Copyright Remedy Clarification Act of 1990 (CRCA).
May 01, 2020Shaleen J. PatelFederal courts should "turn to state law to resolve" a "fight over a tax refund," held a unanimous U.S. Supreme Court in Rodriquez v. FDIC (In re United W Bancorp., Inc.).
April 01, 2020Michael L. CookHigh Court Rejects Application of Bob Roberts Rule Federal courts should "turn to state law to resolve" a "fight over a tax refund," held a unanimous U.S. Supreme Court in Rodriquez v. FDIC (In re United W Bancorp., Inc.)
April 01, 2020Michael L. CookIn a recent, unanimous opinion authored by Justice Ginsburg, the U.S. Supreme Court affirmed lower court decisions holding that a bankruptcy court order denying a motion for relief from the automatic stay constitutes a final order that must be appealed within the time provided under Federal Rule of Bankruptcy Procedure 8002.
February 01, 2020Louis F. Solimine, James J. Henderson and Andrew L. Turscak, Jr.In 2013, the PTO adopted a new policy under which any party commencing a de novo proceeding challenging a PTO decision would be responsible to pay a pro rata share of the salaries of the government attorneys working on the matter. On Dec. 11, 2019, the U.S. Supreme Court rejected the PTO's new interpretation of the Patent Act and held that the American Rule, a centuries-old principle under which each party bears its own attorneys' fees, does apply to this statute.
February 01, 2020Jonathan MoskinIn Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC, the U.S. Supreme Court held that, under 17 U.S.C. §411(a), "registration occurs, and a copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright" — that is, acts on a registration application, rather than when an applicant delivers the registration materials to the Copyright Office.
January 01, 2020Stan SoocherThe U.S. Supreme Court granted certiorari in Liu v. Securities and Exchange Commission to address a question that, until fairly recently, seemed clear: whether the SEC has authority to obtain disgorgement in civil actions to enforce the federal securities laws.
January 01, 2020Jodi Misher Peikin and Jacob MermelsteinIn recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August in Sanchez et al. v. United States, asks the Supreme Court to address this tension, as embodied in the judge-made per se rule.
January 01, 2020Robert J. Anello and Richard F. Albert
