Intellectual Property Law and Copyright Laws

The Second Circuit's recent decision in Peju Province Winery v. Cesari S.R.L. clarifies when USPTO Trademark Trial and Appeal Board rulings on likelihood of confusion can bind parties in subsequent district court litigation. This case examines the critical distinction between trademark analysis based solely on registration documents versus actual marketplace usage, potentially reshaping how trademark owners approach both TTAB proceedings and infringement litigation strategy.

Mayer Brown IP partners Rich Assmus and Kristine Young examine the trademark dispute between outdoor apparel giant Patagonia Inc. and drag persona "Pattie Gonia," exploring how the infringement suit triggered a public backlash and Streisand effect. The discussion covers legal merits including trademark policing duties, weakened parody defenses post-Jack Daniels v. VIP Products, and the strategic implications of enforcement decisions versus coexistence agreements.

Explore the latest legal developments in fashion industry intellectual property, from California's groundbreaking textile waste legislation to landmark design patent disputes. This issue examines how environmental regulations and trademark battles are reshaping the business landscape for fashion brands and manufacturers.

Federal Circuit and Fifth Circuit cases bring new developments in trade secret litigation, examining how courts measure damages for misappropriation and whether such claims can serve as predicates for RICO actions. These decisions have significant implications for companies seeking to protect their confidential business information through the courts.

International contract manufacturing exposes companies to defective goods, stolen intellectual property, and payment disputes. Most disasters begin before production when buyers choose the wrong partner, disclose valuable information prematurely, or rely on inadequate agreements that fail to address quality standards, compliance requirements, and enforceable remedies.

When Apple sued OpenAI for trade secret misappropriation in July 2026, the case revealed critical lessons about how startup hiring practices can create devastating legal exposure.

The U.S. Patent and Trademark Office has proposed ending anonymous ex parte reexamination requests, requiring applicants to disclose their identities to the agency while maintaining confidentiality from the public record. This procedural change aims to strengthen enforcement of estoppel provisions that prevent parties from raising arguments in multiple USPTO proceedings that were or could have been raised in prior inter partes or post-grant reviews.

Explore the latest legal developments in fashion industry intellectual property, from California's groundbreaking textile waste legislation to landmark design patent disputes. This issue examines how environmental regulations and trademark battles are reshaping the business landscape for fashion brands and manufacturers.

A California jury's decision in Deckers Outdoor Corp. v. Last Brand Inc. found that Quince's boot design infringed Deckers' design patent while simultaneously invalidating the UGG Classic Mini design patent and declaring the trade dress generic. These rulings highlight the mounting legal challenges fashion brands face in protecting their intellectual property as dupe culture proliferates across social media, particularly when imitations replicate a product's overall appearance without using logos or tradema

AI-generated performers like Tilly Norwood and Xania Monet are creating real revenue streams through licensing, streaming, and brand partnerships. How should creators, managers, and agencies structure ownership, navigate international tax obligations, and build sustainable business models around digital talent that exists entirely as intellectual property?

A Federal Circuit ruling clarifies how courts calculate copyright damages when the government exceeds commercial software license terms, examining whether actual license rates or hypothetical negotiations should govern infringement awards. The decision addresses critical questions about the "book of wisdom" doctrine's limits and the availability of enhanced statutory damages against the United States under 28 U.S.C. § 1498(b).

When a multi-million-dollar jury verdict gets slashed to single digits by a trial judge, it usually marks a devastating end to a company’s legal battle.