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Does Lanham Act Require Willful Infringement For Profit Disgorgement?
Litigation partner and Advertising Litigation Co-chair Norman C. Simon, with associate Patrick J. Campbell, authored a New York Law Journal...
United States
14 Aug 2019
SCOTUS To Address Whether Lanham Act Requires Willful Infringement For Profit Disgorgement
Litigation partner and Advertising Litigation Co-chair Norman C. Simon, with associate Patrick J. Campbell, authored a New York Law Journal article titled "SCOTUS to Address Whether Lanham Act
United States
9 Aug 2019
Supreme Court Holds That Trademark Licensor's Rejection Does Not Rescind Or Terminate License
On May 20, 2019, in Mission Product Holdings, Inc. v. Tempnology, LLC, 587 U.S. ---, 139 S. Ct. 1652 (2019), the Supreme Court resolved a split among the circuits
United States
2 Jul 2019
Contracting Away The Risk Of IPR Challenges By Patent Licenses
A recent decision by the Federal Circuit confirmed the ability of patent licensors to use forum-selection clauses to have licensees contractually waive
United States
18 Jun 2019
Supreme Court Is Asked To Leave Its Mark On Trademark Licensee's Rights In Bankruptcy
If the Supreme Court grants cert, it could resolve the circuit split over whether Section 365(n) allows a trademark licensee to retain its rights to use the trademark post-rejection.
United States
22 Jun 2018
Trademark Licensee Retains Rights Post-Rejection
The Bankruptcy Court for the District of Connecticut in In re Sima Int'l, Inc., Case No. 17-21761, 2018 WL 2293705 (Bankr. D. Conn. May 17, 2018), recently held that rejection of a license agreement ...
United States
8 Jun 2018
First Circuit Holds Rejection Of Trademark License Leaves Licensee With Only A Claim For Pre-Petition Damages – No Right To Continued Use Of Trademarks; Court Upholds Termination Of Exclusive Distribution Rights
The First Circuit in Mission Product Holdings, Inc. v. Tempnology, LLC (In re Tempnology, LLC), 879 F.3d 389 (1st Cir. 2018), recently held that the Debtor's rejection of a trademark license left ...
United States
21 Feb 2018
If You Have Nothing Nice To Say, Say ®
On June 19, the Supreme Court struck down as unconstitutional a provision of the Lanham Act prohibiting federal registration of disparaging trademarks.
United States
10 Jul 2017
Premium Price Alone Cannot Constitute Misrepresentation
Plaintiff's first amended complaint alleged that he had regularly paid a premium when he purchased Blue Moon beer, based on his impression that Blue Moon is a "craft beer."
United States
15 Aug 2016
Lanham Act False Advertising Cases
A Kentucky federal court issued a temporary restraining order and preliminary injunction against mattress manufacturer WonderGel...
United States
24 May 2016
How (Not) To Use Celebrity Images To Promote Your Brand On Social Media
Intellectual Property partner Erica D. Klein and associate Francesca B. Silverman wrote the article "How (Not) to Use Celebrity Images to Promote Your Brand on Social Media," which appeared in the April 22, 2016 issue of Bloomberg BNA.
United States
27 Apr 2016
Make Sure Your Brand Doesn't .suck !
The .sucks domain name registry is preparing to launch, queuing up what promises to be an epic battle between those who build brands and those who condemn them.
United States
30 Jun 2015
Trademark Office Cancels Redskins Trademark Registrations
On June 18, 2014, the TTAB cancelled six trademark registrations owned on behalf of the Washington Redskins football team covering the term REDSKINS.
United States
8 Aug 2014
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