Law.com Subscribers SAVE 30%

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

Features

Eighth Circuit Permits Recovery for 'Initial-Interest Confusion' In Trademark Cases Image

Eighth Circuit Permits Recovery for 'Initial-Interest Confusion' In Trademark Cases

Eric Alan Stone & Catherine Nyarady

The likelihood of confusion analysis is often focused on confusion at the time of purchase, but the U.S. Court of Appeals for the Second, Third, Fifth, Sixth, Seventh, Ninth, Tenth and Federal Circuits permit mark holders to allege infringement based on presale, initial-interest confusion. Earlier this year, the Eighth Circuit joined the majority of circuits in permitting recovery for initial-interest confusion in certain circumstances.

Features

Tenth Circuit Adds to Split on Lanham Act's International Applicability Image

Tenth Circuit Adds to Split on Lanham Act's International Applicability

Christopher Jackson & Jessica Smith

the Tenth Circuit held that the Lanham Act can have extraterritorial application, if certain conditions are met. In doing so, the appellate court recognized — and further deepened — an ongoing circuit split.

Columns & Departments

IP News Image

IP News

Howard Shire & Jóna Mays

Nike Seeks $150 Million In Sanctions from Six Chinese Banks, and Loses

Features

USPTO Looking to Beef Up Its Own Trademark Protection Image

USPTO Looking to Beef Up Its Own Trademark Protection

Scott Graham

The agency announced that the Department of Commerce has applied to register the USPTO's marks in a bid to crack down on scammers who are impersonating the agency.

Features

New Report Finds Declines In Copyright, Trademark Suits Image

New Report Finds Declines In Copyright, Trademark Suits

Tom McParland

Copyright lawsuit filings declined significantly over the last two years, according to a new report by Lex Machina, which found that overall cases had dipped from a 2018 peak that was driven primarily by surges in file-sharing litigation.

Features

Counterfeiting vs. Infringement: Second Circuit Weighs In Image

Counterfeiting vs. Infringement: Second Circuit Weighs In

Eric Alan Stone & Catherine Nyarady

In two recent cases, the Second Circuit provided guidance as to the circumstances that may give rise to liability for counterfeiting, as distinct from mere infringement, and addressed liability for contributory infringement for counterfeiting.

Features

Not Your Property, Your Business: When Customized Products Become the Business of Rights Holders and Courts Image

Not Your Property, Your Business: When Customized Products Become the Business of Rights Holders and Courts

Chidera Anyanwu & Chloe Delehanty

In some instances the appearance of third-party intellectual property on items purchased, owned and customized by the purchaser may be legal under the doctrines of first sale and fair use.

Features

New COVID Relief Bill Brings Changes to Trademark and Copyright Practice Image

New COVID Relief Bill Brings Changes to Trademark and Copyright Practice

Eugene Y. Mar, Nate A. Garhart & Ashleigh Nickerson

The new, more than 5,000-page spending bill, which includes the latest COVID-19 relief, had a few surprises under its cover. Two of those surprises focus directly on intellectual property and amount to sea changes in the trademark and copyright infringement realms.

Features

Unseating Inelegant Notions of Product Design Functionality Image

Unseating Inelegant Notions of Product Design Functionality

Jonathan E Moskin

In Blumenthal Distributing, Inc. v. Herman Miller, Inc., the 9th Circuit considered whether or not the or not the best-selling piece of furniture ever is functional.

Features

Global Perspective On Filing Trademark Registrations Image

Global Perspective On Filing Trademark Registrations

Peter E. Nussbaum & Neha Bhalani

The entertainment industry is a global business, but many U.S. brand owners do not realize that their valuable trademark rights stop at the U.S. border.

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