Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
IP News
Bad Faith Not Necessary for Award of Attorneys' Fees for Willful Infringement
The Ninth Circuit held in Earthquake Sound Corp. v. Bumper Indus., 2003 U.S. App. LEXIS 25286 (9th Cir. 2003), that once there is a determination of willful trademark infringement, a separate determination of bad faith is not necessary in order to award attorneys' fees. The district court found that defendants' use of the term “Carquake” in connection with car stereos was a willful, deliberate and knowing infringement of plaintiff's trademarks “Bass-Quake” and “Quake,” and awarded attorneys' fees. On appeal, defendants argued that attorneys' fees could only be awarded in “exceptional” cases and that the district court did not consider evidence that the marks were used in good faith. The Ninth Circuit held that a court did not need to establish bad faith where there was sufficient evidence to establish willful infringement. “[Defendants'] claims of good faith are unavailing. The issue is not necessarily one of bad faith: willful or deliberate infringement will suffice.” The Ninth Circuit affirmed the district court's decision to award attorneys' fees.
Bill to Repeal Bar on Trademark Claims from Cuba
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
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.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?