Searching Content indexed under Litigation, Mediation & Arbitration by Eleanor B. Atkins ordered by Published Date Descending.
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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
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
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
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
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