Searching Content by Eleanor B. Atkins ordered by Published Date Descending.
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Learning From Recent Trademark Cases
Recent cases offer lessons for brewers navigating the often-tricky obstacles surrounding the selection, use and enforcement of trademarks.
United States
27 Sep 2019
No Substantial Similarity Between TV Shows Empire And Cream
Addressing the issue of substantial similarity as a matter of law, the US Court of Appeals for the Third Circuit affirmed the district court's dismissal of a copyright infringement case...
United States
5 Nov 2018
Distilling Lessons From Recent Trademark Cases
Craft distillers know the value of a good trademark. The name of a particular spirit, a logo, or a label design can be vitally important to a brand's identity ...
United States
4 Oct 2018
Plaintiffs Walk Out In Shame After Attorneys' Fees Award Affirmed
Addressing the proper analysis for awarding attorneys' fees and costs under the Copyright Act in the wake of the Supreme Court of the United States' ruling in Kirtsaeng v. John Wiley & Sons ...
United States
3 Aug 2018
The Other Shoe Drops In Sneaker Trademark Case
Addressing the evidentiary standard for irreparable harm in a Lanham Act case, the US Court of Appeals for the Ninth Circuit affirmed the district court's grant ...
United States
17 Jul 2018
Tidy Answer On Attorneys' Fees In "Sloppy Tuna" Trademark Row
Addressing for the first time whether attorneys' fees should be included in an award of costs under Fed. R. Civ. P. 41(d), the US Court of Appeals ..
United States
4 Jun 2018
Foreign Broadcaster Infringed US Copyright Through Online Streaming
Addressing for the first time the issue of whether the US Copyright Act governs a performance that originated abroad but is accessible by viewers in the United States, the US Court of Appeals ...
United States
27 Apr 2018
Newsletter Sent To US Customers Insufficient To Establish Personal Jurisdiction
An Acerchem UK employee sent a newsletter that included Axiom's "As Good as Whey" and "Non-GMO" logos to 343 email recipients.
United States
16 Jan 2018
Implications Of Recent Supreme Court Free Speech Decision
The decision was the culmination of Simon Shiao Tams' fight to obtain a federal trademark registration for "THE SLANTS" for use in connection with his rock band.
United States
2 Nov 2017
Damages Recovery For Trade Secrets Misappropriation: What's New York's State Of Mind?
Similarly, with regards to the issue of mandatory prejudgment interest, the Court found that the issue was best left to the New York Court of Appeals.
United States
11 Sep 2017
Ongoing Family Feud Over Earnhardt Name
Teresa Earnhardt further argued that EARNHARDT COLLECTION was primarily merely a surname under § 2(e)(4) of the Lanham Act.
United States
8 Sep 2017
Paws Off: Remaining Members Of A Group Own Their Mark
Claiming first use anywhere as of December 20, 1995, and first use in commerce at least as early as June 18, 1996, Lyons registered the mark on the Supplemental Register in May 2006.
United States
22 Aug 2017
DMCA Grandfather Clause Does Not Extend To Acquired Business
Addressing the Digital Millennium Copyright Act (DMCA) grandfather clause that allows "pre-existing subscription services" to pay the pre-1998 reduced royalty rate for digital music licensing.
United States
18 Jul 2017
Circuit Divide: Is Registration A Precondition For Copyright Infringement Suits?
Addressing the regional circuit split over whether copyright registration occurs when a copyright application is filed or when the Register of Copyrights registers the copyright, the US Court of Appeals...
United States
18 Jul 2017
Whose Unregistered Trademark Is It Anyway?
Expressly adopting for the first time a test to determine whether a manufacturer or distributor is the owner of an unregistered trademark in the absence of a contractual ownership clause.
United States
30 Jun 2017
No False Advertising Where There Is No Injury Or Statements Are Opinions
The Fourth Circuit affirmed a district court's grant of summary judgment for the defendant, finding that the plaintiff failed to establish the necessary elements of a false advertising claim for any of the challenged statements.
United States
24 Apr 2017
Avoiding Misleading Labeling
Current conventional wisdom in the craft beer business holds that being local helps sell more beer.
United States
21 Feb 2017
"Who's On First?" Routine In Broadway Play Strikes Out As Transformative Fair Use
Rather, the critical inquiry is whether the new work uses the copyrighted material itself for a purpose, or imbues it with a character, different from that for which it was created.
United States
5 Dec 2016
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