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New York Law Journal

Recent Takes From the Supreme Court and Federal Circuit on Attorney Fees Awards in Patent Cases

In his Patent and Trademark Law column, Rob Maier discusses three opinions recently issued by the Supreme Court and Federal Circuit relating to the award of attorney fees in patent cases: 'Peter v. NantKwest,' 'Blackbird Tech v. Health In Motion,' and 'Intellectual Ventures.' He concludes these decisions confirm that the "American Rule"—under which each side in a case pays its own attorney fees—remains the norm.
8 minute read

Daily Business Review

Who Copied Whom? Copyright, Breach of Contract Lawsuits Shroud Surfside Project

The lawsuits involving big-name architectural firms are over work at Surf Club II, a planned 11-story hotel-condo project.
6 minute read

National Law Journal

Justices Seek Middle Ground in Trademark Damages Case

"Willfulness might not be an absolute necessity" for an award of infringer's profits, Justice Elena Kagan said during oral argument. "But it certainly should be entitled to very significant weight."
5 minute read

New York Law Journal

Can Use of a Generic Term in a Web Address Yield a Protectable Mark?

The Supreme Court is set to decide 'USPTO v. Booking.com', on the issue of whether a generic top-level domain combined with an otherwise-generic second-level domain can create a non-generic, protectable trademark for an online business. In their Intellectual Property Litigation column, Lewis Clayton and Eric Alan Stone report on this pending appeal.
9 minute read

Texas Lawyer

2 Cases End, But Adler Still Suing Law Firms Over 'Texas Hammer' Trademark

Houston attorney Jim Adler's lawsuits claimed that other lawyers and law firms committed trademark infringement on his well-known nickname, "The Texas Hammer," in mobile-device keyword search advertisements.
4 minute read

Law.com

Adding '.com' Changes Everything, or Does It? Updates in Fourth Circuit Trademark Law

Can the combination of a generic word and a generic website ending like ".com" create something distinctive enough to be trademarked? When does a large company's attempt to reduce confusion with a smaller business' slogan actually result in more confusion?
9 minute read

The Recorder

It's Game Over for Alleged Nintendo Pirate

Haynes and Boone helped the gaming giant shut down unauthorized sales of Super Smash Brothers Ultimate and many other titles.
2 minute read

New Jersey Law Journal

SCOTUS Ruling in 'Lexmark' Won't Help Downstream Seller of Industrial Machinery in Trademark Case

Gray-market equipment reseller Radwell International seeks a "death knell" for the material differences doctrine, based on the U.S. Supreme Court's "Lexmark" ruling, but the court said material differences jurisprudence remains alive and well after "Lexmark."
4 minute read

The Legal Intelligencer

Branding and Trademarks: Risk of Becoming Generic in Franchising

Brands are identified by their trademarks. Selecting the right mark, developing it and protecting it becomes essential when the brand is being developed. But trademarks can be lost when the company fails to protect it, or even when the name is so popular that use of the mark cannot be controlled.
5 minute read

The Recorder

Law Firms Clash Over 'Emergent' Trademark

San Francisco-based Emergent Law asserts that "there is no likelihood of confusion" between it and South Carolina-based Emergent Law because of their differing geographic markets and client bases.
3 minute read

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