Searching Content indexed under Intellectual Property by Reed Smith ordered by Published Date Descending.
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Preemption After Albrecht – Retiring "Most Favorable" Factual Review
Bexis is updating the preemption chapter of his prescription medical product liability treatise, and with Merck Sharp & Dohme Corp. v. Albrecht, 139 S. Ct. 1668 (U.S. 2019)
United States
28 Aug 2019
Texas Legislature Takes Aim At Anti-SLAPP Challenges
The Texas Citizens Participation Act, Tex. Civ. Prac. & Rem. Code งง 27.001 et seq. (the TCPA), Texas' anti-SLAPP statute, is likely to receive a much needed ...
United States
7 Jun 2019
Reflections On Albrecht – What Preemption Being A "Legal Question" Might Mean
As we discussed in our "breaking news" post, the Supreme Court's decision in Merck Sharp & Dohme Corp. v. Albrecht, ___ S. Ct. ___, 2019 WL 2166393 (U.S. May 20, 2019) ("Albrecht") ...
United States
6 Jun 2019
Model Misbehavior? Gigi Hadid Faces Copyright Suit Over Instagram Post
Gigi Hadid found herself sued for copyright infringement by New York photo agency Xclusive-Lee, Inc. over a photo the fashion model posted to her Instagram account.
United States
15 Mar 2019
D. Mass. Misreads New York Law To Make Patent-Holders Potentially Liable For Pre-Market Testing
Delaware and West Virginia also do not fit neatly into the blue/plaintiff-red/defense model.
United States
28 Feb 2019
Music Modernization Act – Episode 1 – A New Deal For Online Music Licensing
The creation of a new compulsory blanket licensing system for mechanical works, along with a new mechanical licensing collective to administer these licences is set to put an end to years of uncertainties ...
United States
23 Jan 2019
Who Owns That Dance Move?
On December 5th, 2018, Terrence Ferguson, better known as 2 Milly, filed a complaint in the United States District Court for the Central District of California alleging that Epic Games, Inc.
United States
15 Jan 2019
FTC Eyes Contact Lens Trademark Settlement Agreements
Over a spirited dissent, and in a 3-1 decision issued on November 14, the FTC Commissioners held that 1-800 Contacts violated Section 5 of the FTC Action ...
United States
12 Dec 2018
A License To Kill A License? SCOTUS To Resolve Trademark Bankruptcy Split
Trademark licensing is a driving force in business relationships. One common example is where one business owns a trademark, which it licenses out to other companies who manufacture and sell the products bearing the mark.
United States
5 Dec 2018
Sunkist's New Candy Packaging Is Forbidden Fruit, Welch's Infringement Suit Says
Promotion in Motion Inc. ("PIM") makes the popular Welch's Fruit Snacks under a licensing deal with Welch's, and Kervan USA LLC is a rival candymaker that has a similar licensing arrangement...
United States
30 Nov 2018
NRA Is Full Of Beans, Claims Sculpture Artist In Copyright Suit
The British artist Anish Kapoor, sculptor of the iconic Chicago art piece Cloud Gate, known colloquially as the Bean, filed suit against the National Rifle Association ("NRA") ...
United States
22 Nov 2018
Harshing My "Vibes": Kim Kardashian Fragrance Line Faces Trademark Infringement Suit
Kim Kardashian West's fragrance company, KKW Fragrance LLC, is the target of a reverse confusion trademark infringement suit launched by Chicago-based mobile marketing company, Vibes Media, LLC.
United States
22 Nov 2018
The Cousteau Society Sues Jacques Cousteau's Granddaughter For Trademark Infringement
The Cousteau Society ("TCS") filed a lawsuit in New York federal court against Jacques Cousteau's granddaughter, Celine Cousteau, alleging trademark infringement and unfair competition under federal and New York state law.
United States
31 Oct 2018
Battle Of The Bottles: Jack Daniel's Brings Trademark And Trade Dress Infringement Suit Against Texas Distilleries
Jack Daniel's is fighting hard to protect its iconic, all-American image against purported copycats. The famous Tennessee whiskey brand filed a lengthy complaint ...
United States
25 Jul 2018
University Of Illinois Launches Suit Against "Make Illinois Great Again" Shirt Seller
The University of Illinois sued Ted O'Malley, the seller of shirts that feature the University's former symbol, "Chief Illiniwek," and the phrase "Make Illinois Great Again" for trademark and copyright infringement...
United States
11 Jul 2018
A Claim Of Epic Proportions: Epic Games Hits Back In Suit Against 14-Year-Old
Epic Games, Inc. ("Epic"), the company behind popular video game "Fortnite," has refused to stand down in its copyright infringement and breach of contract suit against a 14-year-old gamer.
United States
21 Jun 2018
Elmo Needs A Hug: Sesame Workshop Loses Its Motion For Temporary Restraining Order In Trademark Infringement Case
Last month, Sesame Workshop, the nonprofit organization that owns the famous children's television show Sesame Street, filed a lawsuit against STX Productions, LLC, STX Financing, LLC ...
United States
11 Jun 2018
Monkey See, Monkey Selfie, No Copyright
In 2016, People for the Ethical Treatment of Animals brought an action on behalf of Naruto, a Crested Macaque residing in Indonesia
United States
30 Apr 2018
High Stakes: Iowa Ends Up Paying $1M For Blocking Pro-Marijuana T-Shirts
The state of Iowa will be covering the bill in a protracted lawsuit over Iowa State University's decision to bar a chapter of NORML from using the university's trademarks on T-shirts.
United States
17 Apr 2018
Nine Lives Indeed: Grumpy Cat Wins IP Lawsuit Against Beverage Company
In late 2015, Grumpy Cat Ltd. filed suit against beverage company Grenade Beverages LLC and its owners Paul and Nick Sandford for trademark and copyright infringement.
United States
27 Mar 2018
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