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Byline: Mass. Lawyers Weekly Staff Where a physician brought a commercial disparagement counterclaim under the Lanham Act after the American Board of Internal Medicine suspended his certification, a grant of [...]

The Supreme Court's October term 2022, ending in October 2023, certainly ended with a bang, not a whimper. Among the many high-profile cases decided at the end of the term, [...]

Since the enactment of the Leahy-Smith America Invents Act in 2011, only a competitor or the federal government can assert a claim for false patent marking under the Patent Act. [...]

In October 2024, both the US Courts of Appeals for the Second and Ninth Circuits issued published decisions that rejected trademark infringement claims based on advertising in keyword searches. While [...]

In Crocs, Inc. v. Effervescent, Inc., No. 22-2160 (Fed. Cir. 2024), the Federal Circuit reversed a district court's entry of summary judgment and held that false claims of patent protection [...]

New Legal Interpretation of USA trademark Law; Lanham Act The US Court of Appeals for the First Circuit recently considered the issue of trademark abandonment: 'Whether intentional non-use of a [...]

In summary This chapter provides an overview of key developments in trademark litigation in the United States over the past year. It addresses new legal precedents set by the US [...]

Chicago: Seyfarth Shaw LLP has issued the following press release: On October 7, Seyfarth partner Lauren Leipold co-presented a Strafford webinar on 'International Trademark Protection After Abitron: Branding and Enforcement [...]

Authored by Babak Akhlaghi on October 16, 2024. In a notable clash within the footwear industry, Crocs initiated a lawsuit against Dawgs, accusing them of patent infringement. This legal case [...]

Addressing when Illinois law's 'absolute litigation privilege' bars certain counterclaims, the US Court of Appeals for the Federal Circuit affirmed a district court's summary judgment finding that the plaintiff lacked [...]

Addressing the issue of trademark infringement based on the purchase of search advertising keywords, the US Court of Appeals for the Second Circuit joined the consensus view and upheld a [...]

The US Court of Appeals for the Federal Circuit reversed and remanded a grant of summary judgment on a false advertising claim, concluding that a cause of action under Section [...]

Prior to the enactment of the America Invents Act (AIA), any person could file a qui tam claim for false patent marking and collect one-half of the $500 penalty for [...]

The Federal Circuit recently held that a claim that a product is protected by patents when it is not may constitute false advertising. Defendants in this case, Dawgs Inc., accused [...]

It's October and, in addition to playoff baseball, that means the Supreme Court is back in session. The Court has chosen to hear arguments in two cases with significant ramifications [...]

What You Need To Know The Federal Circuit recently found that falsely claiming a product or feature is patented can give rise to a cause of action under the Lanham [...]

Highlights In Crocs, Inc. v. Effervescent, Inc., the Federal Circuit held that the plaintiff had stated a claim where the defendant admitted it falsely claimed the product at issue was [...]

In today's globalized world, businesses and individuals are constantly looking for creative ways to protect and promote their good-will. Trademarks play a crucial role in protecting the names, logos, slogans, [...]

U.S. Supreme Court to Consider Whether Trademark Plaintiffs May Recover Profits of a Defendant's Non-Party Corporate Affiliates The U.S. Supreme Court is set to decide whether the damages available to [...]

The US Court of Appeals for the Second Circuit clarified its standards for establishing personal jurisdiction over foreign defendants that conduct business over the internet. American Girl, LLC v. Zembrka, [...]

A franchisor may pursue claims for declaratory and injunctive relief for potential trademark infringement against a former prospective franchisee even though the prospect never actually used the marks in question. [...]

Shein, an eminent player in the fashion industry, on August 19, 2024, filed a lawsuit against its fast fashion rival 'Temu', alleging serious violations of intellectual property rights, including copyright [...]

In a case that required the US Court of Appeals for the Sixth Circuit to articulate the boundary between the Lanham Act and the First Amendment when the trademark in [...]

At one time, retail store activities were not considered 'services' when the store sold only its own goods. Today, however, the name of a retail store, whether brick-and-mortar or online, [...]

CAMBRIDGE, Mass -- The following information was released by the Harvard University Office of News and Public Affairs: New research by Claudia Goldin takes look at World War II-era Lanham [...]

Daren Orzechowski, Alex Touma, and Jack Weinert examine Part 1 of Artificial Intelligence Report on Digital Replicas, published by the U.S. Copyright Office on July 31, 2024. Background: In the [...]

The Supreme Court recently rejected federal trademark protection for the mark 'TRUMP TOO SMALL' based on the Lanham Act's Names Clause under Trademark Act Section 2(c), 15 U.S.C. §1052(c). Background [...]

Hailey Bieber, the renowned model and socialite, has after a legal battle of more than 2 years, finally reached a settlement in the high-profile trademark dispute involving her skincare brand, [...]

On June 13, 2024, the U.S. Court of Appeals for the Fourth Circuit ruled on a lawsuit brought by liquor producer Bacardi to challenge an action taken by the United [...]

On June 13, 2024, the Supreme Court held that the Lanham Act's prohibition on registering trademarks utilizing another person's name without consent was constitutional. In Vidal v. Elster 602 U. [...]

Dewberry Group v Dewberry Engineers involves two commercial real estate development companies that share the name Dewberry. In May 2020, Dewberry Engineers filed a complaint against Dewberry Group in the [...]

Can a court force a company to disgorge its profits without being sued? The U.S. Supreme Court will take up this question in its next term. The question arises after [...]

On May 23, 2024, the U.S. District Court for the Western District of Pennsylvania dismissed a trade secret misappropriation claim for failure to identify a trade secret. The case is [...]

Jean-Michel Basquiat was a New York-based visual artist whose contributions to the neo-expressionism artistic movement led to his rise to fame in the 1980s. Although Basquiat passed away in 1988 [...]

WASHINGTON -- The following information was released by the National Association Of Attorneys General: CASES GRANTED REVIEW United States v. Skrmetti, 23-824. The Court will resolve '[w]hether Tennessee Senate Bill [...]

Non-fungible tokens (NFTs) have exploded in popularity over the past few years. As digital assets stored on a blockchain, NFTs can represent ownership of unique digital content like artwork, music, [...]

On June 13, 2024, the Supreme Court of the United States decided a case that addresses restrictions to registrable trademarks under section 2(c) of the Lanham Act. Vidal v. Elster [...]

Trying to trademark a name without the owner's permission? Think again. The U.S. Patent and Trademark Office (USPTO) protects individuals' identities, as reinforced by a recent Supreme Court case. Businesses [...]

Dearest Gentle Reader, it seems that the scandalous allure of counterfeit goods has infiltrated our esteemed society with alarming frequency. Behind the shimmering facade of the finest of marketplaces, whispers [...]

Highlights In Vidal v. Elster, the U.S. Supreme Court on June 13, 2024, unanimously rejected a First Amendment challenge to the 'names clause' of the Lanham Act. The names clause [...]

In Vidal v. Elster, No. 22-704, 602 U.S. ____ (June 13, 2024), the U.S. Supreme Court unanimously held that the 'names clause' of the Lanham Act, 15 U.S.C. § 1052 [...]

Key Takeaways The Supreme Court reversed the Federal Circuit's decision, holding that the names clause of Lanham Act, which prohibits the registration of a mark that consists of a name [...]