By Allison Dunn | August 4, 2022
"The defendants' attorneys undoubtedly performed a significant service for their clients by securing a dismissal of the plaintiff's claims with prejudice—arguably the best possible outcome in the case. Such a result is also exceedingly rare, as dismissal is the most severe sanction imposed by the court and is typically reserved for only the most egregious conduct," U.S. District Judge James P. Jones of the Western District of Virginia wrote.
By Scott Graham | August 3, 2022
A former PTO director and a former Federal Circuit judge hailed the legislation as providing clarity and predictability in a contentions area of law. An attorney for a tech industry trade group warned that, as written, the bill would roll back advances against abusive patent litigation.
By ALM Staff | August 2, 2022
This suit was surfaced by Law.com Radar. Read the complaint here.
New York Law Journal | Analysis
By Dyan Finguerra-DuCharme and Abla Belhachmi | August 2, 2022
Today, all eyes are on the metaverse as the legal questions it poses will fundamentally change the contours of intellectual property law. As fashion brands and celebrities await for the courts to make a decision in these matters, many brands, including Nike, have taken steps to protect their intellectual property in preparation for the metaverse boom.
By Stephen Lott and Lauren Gregory | July 26, 2022
Among the most common questions trademark attorneys are asked is what the differences are between the symbols ®, TM, and SM. When should such symbols should be used? Where should they appear? How frequently? Do they even need to be used at all?
By Scott Graham | July 25, 2022
Owners of clothing company called Rhode tried to block Bieber from marketing a new line of cosmetics with the same name. U.S. District Judge Lorna Schofield ruled that Rhode is a weak mark and that, while clothing and cosmetics might be close cousins, they're not the same industry.
New York Law Journal | Analysis
By Scott Graham | July 20, 2022
Pryor Cashman attorneys have filed a tour de force of a complaint, but Meta Platforms' apparent claim that its business doesn't overlap with METAx's might have some substance.
The Legal Intelligencer | News
By Marianna Wharry | July 19, 2022
American Eagle then argued that its design acquired a secondary meaning due to its 18-year history with the design, including previous advertising campaigns and confusion from consumers about the similar designs among other points.
By Jane Wester | July 19, 2022
Pryor Cashman partner Dyan Finguerra-DuCharme represents the plaintiff, METAx LLC, which was founded in 2010 and has hosted "experiential and immersive experiences" involving virtual and augmented reality at major festivals including Coachella and South by Southwest.
New York Law Journal | Analysis
By Stephen M. Kramarsky and John Millson | July 18, 2022
It is now clear that keyword advertising can, in some cases, constitute trademark infringement. But under what circumstances? 1-800 Contacts once again finds itself on the losing end of that question in a recent case from the Southern District of New York that examines customer confusion and the developing law around the protection of digital intellectual property.
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