Craig S Hilliard

August 23, 2019 | New York Law Journal

In the last few years, copyright and trademark owners have slowly but surely gained traction in federal appellate courts by arguing that Internet service providers can bear responsibility for the infringing activities of those who use their services, if they have some knowledge of specific infringing conduct and fail to take simple measures to lessen the damage caused.

By Craig S. Hilliard

8 minute read

April 14, 2015 | The Legal Intelligencer

In Hana Financial v. Hana Bank, 574 U.S. ___ (2015), the U.S. Supreme Court in January resolved a split among the federal circuit courts by holding that juries, rather than judges, should ordinarily decide whether a trademark owner can "tack" together different marks for the purpose of establishing priority.

By Craig S. Hilliard

7 minute read

April 13, 2015 | The Legal Intelligencer

In , 574 U.S. ___ (2015), the U.S. Supreme Court in January resolved a split among the federal circuit courts by holding that juries, rather than judges, should ordinarily decide whether a trademark owner can "tack" together different marks for the purpose of establishing priority.

By Craig S. Hilliard

7 minute read

May 21, 2013 | New Jersey Law Journal

Many New Jersey litigators practice primarily in the Superior Court and rarely choose to be in a federal district court. Sometimes, however, the choice is not theirs to make, and even seasoned state court litigators can get surprised when the case they filed gets removed to a federal district court.

By Craig S. Hilliard

10 minute read

October 03, 2011 | Corporate Counsel

Electronic media poses new challenges for the interpretation of the Lanham Act. It presents situations where marks are used in nontraditional ways. In particular, the use of keyword advertising.

By Craig S. Hilliard and Erica R. Heyer

8 minute read

September 22, 2010 | New Jersey Law Journal

A recent Third Circuit decision did not announce new law, but reaffirmed the existence of limited protection under copyright law for original designs which appear on dresses and other garments. The garment itself, the shape and the overall appearance of clothing cannot in fact be protected; however, copyright law remains a significant weapon in the arsenal of those in the fashion industry who create and manufacture original clothing designs.

By Craig S. Hilliard

8 minute read

May 11, 2010 | New Jersey Law Journal

The court's ruling in Gaus is only an illustration of the importance of forum selection in mass tort actions. Sometimes the plaintiff's attorney has little choice on forum selection, but more often there are indeed decisions to be made, and informed choices on forum can make a critical difference in the outcome of high stakes mass tort litigation.

By Craig S. Hilliard and Martin P. Schrama

6 minute read

October 03, 2011 | Legaltech News

The use of keyword advertising, where words are linked to advertisements in a web page, may stretch the Lanham Act's limits. Attorneys Craig S. Hilliard and Erica R. Heyer look at the influence of a 2nd Circuit decision redefining one of the basic criteria to prove trademark infringement under the Lanham Act -- "use in commerce" as applied to keyword ads.

By Craig S. Hilliard and Erica R. Heyer

8 minute read

September 21, 2011 | New Jersey Law Journal

Electronic media poses new challenges for the interpretation of the Lanham Act. It presents situations where marks are used in nontraditional ways.

By Craig S. Hilliard andErica R. Heyer

8 minute read

October 03, 2011 | Corporate Counsel

Electronic media poses new challenges for the interpretation of the Lanham Act. It presents situations where marks are used in nontraditional ways. In particular, the use of keyword advertising, where words are linked to advertisements in a web page, may stretch the limits of the Lanham Act.

By Craig S. Hilliard and Erica R. Heyer

8 minute read