By Raychel Lean | January 31, 2020
"We did not see this case having a happy ending for FIU, and it turned out it did not have a happy ending for them," said Steven Peretz of Peretz Chesal & Herrmann in Miami, who helped defend Florida National University from trademark infringement claims.
The Legal Intelligencer | Commentary
By Shayne D. Rasay and Glenn E.J. Murphy | January 28, 2020
The Leahy-Smith America Invents Act (AIA) marked significant policy shifts in the U.S. patent system, most notably the AIA's transition from a first-to-invent to a first-to-file regime.
By Scott Graham | January 24, 2020
The suits allege that the tech giants have turned a blind eye to widespread pirating by obscure music companies. A digital music expert not involved in the case says the suits strike him as an attempt to game ambiguities in the new Music Modernization Act for windfall statutory damages.
New York Law Journal | Analysis
By Rob Maier | January 21, 2020
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.
By Lidia Dinkova | January 15, 2020
The lawsuits involving big-name architectural firms are over work at Surf Club II, a planned 11-story hotel-condo project.
By Scott Graham | January 14, 2020
"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."
New York Law Journal | Analysis
By Lewis R. Clayton and Eric Alan Stone | January 14, 2020
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.
By Angela Morris | January 13, 2020
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.
By Melanie Dubis, Catherine Lawson and Sloan Carpenter | January 8, 2020
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?
By Scott Graham | January 3, 2020
Haynes and Boone helped the gaming giant shut down unauthorized sales of Super Smash Brothers Ultimate and many other titles.
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