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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

Which Method Is for You? Not All Surveys Are Made the Same Image

Which Method Is for You? Not All Surveys Are Made the Same

Laura O'Laughlin, Harriet Ho & Duy (Joey) Duong

As survey evidence has become increasingly common in litigation, it is important to remember that not all surveys are made the same. It's important to be able to identify the right survey methodology for the matter at hand. Third in a series

Columns & Departments

IP News Image

IP News

Jeff Ginsberg & Abhishek Bapna

Federal Circuit: ITC Did Not Err in Denying Non-Respondent's Petition to Rescind Exclusion Order Based on Invalidity Grounds Federal Circuit: District Court Did Not Err in Ruling that 'Half-Liquid' Is Indefinite Federal Circuit: District Court Did Not Err In Allowing Jury to Determine Infringement Based on Products' Compliance with Standard

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

States Win Some and Lose Some on Copyright Front at Supreme Court This Term Image

States Win Some and Lose Some on Copyright Front at Supreme Court This Term

Jason Bloom

The Supreme Court decided two copyright cases this term, both involving states. This article discusses the cases and their likely impact on copyright law going forward.

Features

Weighing the Benefits: How Much Weight Will Your Survey Have in Court? Image

Weighing the Benefits: How Much Weight Will Your Survey Have in Court?

Rene Befurt, Marie Warchol & Anthony Nasr

As consumer surveys become increasingly common forms of evidence in matters involving copyright, patent or trademark infringement, so too do Daubert challenges that attempt to disqualify that evidence. However, getting admitted into court is no guarantee of success — you are not over the entire Daubert hurdle just yet. The next step is ensuring that your survey is convincing the fact finders that your survey's results are dependable and useful.

Columns & Departments

IP News Image

IP News

Howard Shire & Shaleen Patel

Federal Circuit: Faulty Claim Construction Does Not End Patentability Determination Federal Circuit: Notice to Market Bio Product Not Negated By New Applications

Features

What You Need to Know About the USPTO's Proposed Rule Changes to PTAB Trials Image

What You Need to Know About the USPTO's Proposed Rule Changes to PTAB Trials

Kerry S. Taylor & Nathanael R. Luman

On May 27, 2020 the U.S. Patent and Trademark Office (USPTO) proposed rule changes to govern inter partes review (IPR), post-grant review (PGR), and covered business method (CBM) review proceedings at the PTAB. This article provides a summary of each proposed rule change and its potential impact on PTAB practice.

Features

Statute of Limitations In Copyright Ownership Disputes: Questions from the Everly Brothers Case Image

Statute of Limitations In Copyright Ownership Disputes: Questions from the Everly Brothers Case

J. Alexander Lawrence

Don and Phil Everly's flawless harmonies that resulted in a string of hits in the 1950s and '60s regrettably ended in acrimony. The Sixth Circuit recently issued a decision in a dispute between Phil's heirs and Don over copyright ownership of the No. 1 hit "Cathy's Clown," in which concurring Judge Eric E. Murphy raised important questions about when the statute of limitations should begin to run in copyright cases and whether courts have been correctly applying the law.

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