United States
The renowned food brands were represented by a host of lawyers, including members of the firms’ IP teams
Attorneys explain why there are early signs that the US Supreme Court could rule in favour of ISP Cox in a copyright dispute
Attorneys predict how Lululemon’s trade dress and design patent suit against Costco could play out
David Rodrigues, who previously worked at an IP boutique, said he may become more involved in transactional work at his new firm
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Sponsored by MMXBrand owners assess the reputational damage if their marks are used by third parties on pornographic websites and mull the best strategy for combating infringement -
Sponsored by Katten Muchin RosenmanIn Fifth Generation Inc. v Titomirov Vodka LLC, the Trademark Trial and Appeal Board (TTAB) issued a precedential ruling, granting Fifth Generation's motion for summary judgment as a sanction in view of Titomirov Vodka's failure to comply with the TTAB's orders, as well as its pattern and practice of avoiding its discovery obligations.
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Sponsored by Katten Muchin RosenmanIn In re Odd Sox LLC, the Trademark Trial and Appeal Board (TTAB) issued a precedential ruling, holding that the term "generic name" as used in the Trademark Act encompasses product packaging, and that the generic inquiry is applicable to assessments of source identification capabilities of product packaging.
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Sponsored by Katten Muchin RosenmanIn Andy Warhol Foundation for the Visual Arts Inc. v Goldsmith et al. No. 17-CV-2532, 2019 (S.D.N.Y. July 1 2019), the US District Court for the Southern District of New York addressed the question of whether Andy Warhol's (Warhol) use of a photograph of Prince Rogers Nelson, best known as Prince, constituted violations of the Copyright Act. Granting the Andy Warhol Foundation's (AWF) motion for summary judgment, the court found that although the at-issue photograph was protected by copyright, AWF had a viable fair use defence.
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Sponsored by Katten Muchin RosenmanIn In re TracFone Wireless, Inc., the Trademark Trial and Appeal Board (TTAB) issued yet another decision finding that a particular designation fails to function as a mark – the subject of over 21% of precedential rulings this year. These decisions highlight the importance of brand owners, marketing teams, advertising departments and legal counsel coordinating effectively.
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Sponsored by Katten Muchin RosenmanIn Universal Standard Inc. v Target Corp. (S.D.N.Y., No. 18 Civ. 6042), the US District Court for the Southern District of New York addressed the question of whether sharing attorney-client privileged communications with a public relations firm destroys that privilege. The court found that Universal Standard waived the privilege by including its public relations firm, BrandLink, in emails discussing strategy related to the lawsuit.
