Searching Content indexed under Litigation, Mediation & Arbitration by Naresh Kilaru ordered by Published Date Descending.
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Pool Float Trade Dress Is For The Birds
In International Leisure Products Inc. v. Funboy LLC (No. 17-3982, 2d Cir. Sept. 6, 2018), the Second Circuit affirmed the dismissal—with prejudice—of a trade dress action that had been brought...
United States
22 Oct 2018
Supreme Court Grants Certiorari In Fourth Estate To Resolve Circuit Split On Copyright Registration Prerequisite To Suit
The Supreme Court recently granted certiorari in Fourth Estate Public Benefit Corporation v. to settle a longstanding circuit split on the registration prerequisite to a copyright infringement suit.
United States
4 Oct 2018
The Empire Strikes Out: Disney, Marvel, And Lucasfilm Lose Summary Judgment On Trademark Infringement Claims
On August 9, 2018, a judge in the Southern District of New York held, in essence, that a company that copies trademarked characters, but does not confuse its customers regarding the source
United States
7 Sep 2018
Fair Use Defense Generally Inapplicable In Board Proceedings
Is the very fact of applying for a trademark registration inconsistent with a parody or fair use defense?
United States
16 Jun 2015
U.S. Supreme Court Holds That TTAB Decisions Can Have Preclusive Effect In Infringement Litigation
In a case that is certain to have far-reaching implications for trademark practitioners, and is contrary to the numerous amicus briefs filed on behalf of multiple intellectual property organizations...
United States
2 Apr 2015
A New Dilemma For Plaintiffs In Counterfeiting Actions: Statutory Damages vs. Attorney Fees
Section 35(c) of the Lanham Act allows prevailing plaintiffs in trademark counterfeiting actions to choose statutory damages in lieu of actual damages or profits.
United States
30 Jan 2009
Small Potatoes: Resolving Conflicting Trademark Laws in the United States

On April 26,2004, the U.S. Supreme Court denied certiorari to hear the appeal of the decision in Idaho Potato Commission v. M&M Produce Farm & Sales, 335 F.3d 130 (2d Cir. 2003), allowing the Second Circuit’s decision in the case to stand.
United States
27 Apr 2005
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