Searching Content indexed under Intellectual Property by Alexander Kaplan ordered by Published Date Descending.
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SCOTUS To Decide Whether The Lanham Act Requires Proof Of Willfulness For Disgorgement Of Profits
In Romag, the plaintiff, a manufacturer of magnetic snap fasteners, sued Fossil and various retailers for, among other things, infringement of an unregistered trademark in violation of section 1125(a) of the Lanham Act based on their sale of merchandise that featured snaps bearing the Romag mark.
United States
11 Jul 2019
Justice (And Lunch) Is Served: Second Circuit Holds That Food Truck Branded With Ethnic Slurs Is Entitled To First Amendment Protection
In a recently issued decision, the Second Circuit held that a food truck could not be excluded from a New York State lunch program solely because the truck and the food it sells was branded using ethnic slurs.
United States
19 Jan 2018
Court Says "Lights Out" On UL Certification Lanham Act Claim
Last week, a federal judge in Manhattan examined the intersection of false advertising and trademark infringement law in connection with the alleged misuse of a certification mark...
United States
7 Nov 2017
Foreign Importer Hanging by a Thread, but International Trade Commission Cuts It Off
The International Trade Commission recently issued a general exclusion order barring the importation of bed sheets with falsely advertised thread counts as a remedy for Section 337 violations.
United States
2 May 2017
Supreme Court Finds Cheerleading Uniform Designs Copyrightable
The designs in question were primarily "combinations, positions, and arrangements of elements" that included stripes, chevrons, zigzags, and colorblocks.
United States
28 Mar 2017
Second Circuit Affirms Preliminary Injunction Of "Identical" Gray Goods
Earlier this month in Abbott Laboratories v. Adelphia Supply USA et al, the Second Circuit affirmed a district court's grant of a preliminary injunction halting the alleged sale of gray-good diabetes test strips.
United States
29 Nov 2016
Second Circuit Finds Use Of "Who's On First" Routine Not Transformative And Not Fair
Earlier this month, the U.S. Court of Appeals for the Second Circuit issued a consequential opinion on the meaning and scope of what has become the "transformative use" factor of the fair use defense to copyright infringement.
United States
3 Nov 2016
Second Circuit Finds Use Of "Who's On First" Routine Not Transformative And Not Fair Use
Earlier this month, the U.S. Court of Appeals for the Second Circuit issued a consequential opinion on the meaning and scope of what has become the "transformative use" factor...
United States
2 Nov 2016
Madonna And Warner Music Beat Copyright Suit Over Song Sample
We represented Madonna, Warner Bros. Records and WB Music in a lengthy copyright lawsuit, culminating in the Ninth Circuit's affirmance of the dismissal of plaintiff's sampling copyright infringement claim.
United States
8 Jun 2016
Fourth Circuit Extends Section 43(A) Lanham Act Standing To Companies Not Selling Their Product Or Using Their Mark In The U.S.
An appellate court held that a plaintiff has standing to bring a false association and false advertising claim under Section 43(a) of the Lanham Act, even though it did not use its mark or sell its competing product in the United States.
United States
1 Apr 2016
TTAB Relents: Board Agrees to Vacate Likelihood of Confusion Finding at District Court's Direction
Last week, the TTAB agreed to vacate a precedential decision at the direction of a district court judge putting an end (for now) to a stand-off between the administrative body and the federal judiciary.
United States
9 Mar 2016
Digital Music Provider Grooveshark Dismantled In Major Victory For Music Recording Industry
On April 30, 2015, digital music provider Grooveshark—owned by Escape Media Group, Inc. ("Escape")—agreed to permanently shut down its controversial music streaming website...
United States
5 May 2015
Second Circuit To Weigh In On Copyright Owner-Digital Broadcaster Dispute Over Pre-1972 Sound Recording Performance Rights
The Second Circuit's consideration of this significant and ongoing issue of copyright law will be the first from any U.S. Court of Appeals.
United States
21 Apr 2015
Court’s Maine Message To Plaintiff Suing Poland Spring: You Don’t Have A Leg To Stand On
On March 18, 2015, District of Maine Judge George Z. Singal dismissed Maine Springs, LLC’s complaint against Nestle Waters North America, Inc.
United States
8 Apr 2015
New York Court Gives Final Approval To $58.5 Million Music Licensing Settlement
On February 19, 2015, the District Court for the Southern District of New York issued final approval of a $58.5 million settlement between performing rights society SESAC and the Television Music License Committee (TMLC). 1:09-cv-09177-PAE (Dkt. No. 221).
United States
2 Mar 2015
Seventh Circuit Criticizes Second Circuit's "Transformative Use" Approach To Fair Use
The U.S. Court of Appeals for the Seventh Circuit issued a notable opinion on the relevance and importance of "transformative use" on the copyright fair use analysis.
United States
23 Sep 2014
Third Circuit Rejects Presumption Of Irreparable Harm For Injunctive Relief Under Lanham Act
The Third Circuit has ruled that a plaintiff cannot rely on a presumption of irreparable harm in seeking preliminary injunctive relief under the Lanham Act.
United States
29 Aug 2014
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