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Searching Content indexed under Litigation, Mediation & Arbitration by Paul Llewellyn ordered by Published Date Descending.
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Supreme Court Strikes Down 70-Year-Old Statutory Provision Barring The Registration Of "Disparaging" Trademarks
For more than 70 years, the Lanham Act has barred the federal registration of disparaging trademarks.
United States
29 Jun 2017
2
Supreme Court Lets Stand Court Of Appeals Ruling That Owner Of A Foreign Trademark May Sue Under The Lanham Act For Conduct In The United States
In early March, the United States Supreme Court declined to hear an appeal in a significant trademark and unfair competition case decided in 2016 by the United States Court of Appeals for the Fourth Circuit...
United States
7 Mar 2017
3
Second Circuit Expands Split On Nominative Fair Use
U.S. courts generally agree that, depending on the circumstances, certain types of nominative use—using another's trademark to refer to the trademark owner's goods or services—do not constitute trademark infringement.
United States
17 Nov 2016
4
TTAB Rejects Consent Agreement In Finding Likelihood Of Confusion
In a recent decision that serves as a reminder that the U.S. Trademark Trial and Appeal Board will not merely "rubber stamp" consent agreements, the TTAB recently scrutinized a coexistence agreement proffered by a trademark applicant.
United States
10 May 2016
5
On Remand From The US Supreme Court, The Eighth Circuit In B & B Hardware Holds That TTAB Decision Is Entitled To Preclusive Effect
The brevity of the court's decision leaves for another day the difficult practical issues the Supreme Court's decision raises.
United States
3 Dec 2015
6
Federal Circuit Affirms Finding Of No Abandonment Based On Trademark Tacking, Reverses Refusal To Register On Likelihood-Of-Confusion Grounds
Until recently, the Federal Circuit treated trademark tacking as an issue of law to be reviewed de novo on appeal.
United States
3 Dec 2015
7
Second Circuit Strengthens Affirmative Rights Of Authors Of Fair Use Works
In a decision that could significantly strengthen the rights of creators of fair use derivative works, the Second Circuit affirmed a judgment in favor of the creator of a parody play who sued a third party for copyright infringement.
United States
3 Dec 2015
8
Federal And Fourth Circuits To Rule On Constitutionality Of Lanham Act's Prohibition On Registration Of Disparaging Marks
As several of our newsletters have chronicled, the constitutionality of Section 2(a) of the Lanham Act and, in particular, its prohibition on the registration of marks that "may disparage," has been fertile ground for litigation.
United States
2 Dec 2015
9
Batmobile To The Rescue: Clarifying The Reach Of Copyrights In Characters
In holding that the Batmobile is a protectable copyrighted character, the Ninth Circuit has provided some needed clarification to the test for determining the copyrightability of a nonliterary character.
United States
2 Dec 2015
10
Authors Guild Expands On Importance Of Transformative Purpose Use To Fair Use Analysis
In an opinion by Judge Leval, the United States Court of Appeals for the Second Circuit has upheld Google's digitization program of full text copying of books.
United States
1 Dec 2015
11
Divided Ninth Circuit Panel, Reversing Itself, Holds That Amazon's Search Results Do Not Cause A Likelihood Of Initial Interest Confusion
In a closely watched case involving the design of the search results page on Amazon.com, a divided panel of the Ninth Circuit held that the page did not create a likelihood of initial interest confusion.
United States
1 Dec 2015
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