New York Law Journal | Analysis
By Lewis R. Clayton and Eric Alan Stone | May 7, 2019
Intellectual Property Litigation columnists Lewis R. Clayton and Eric Alan Stone discuss how courts have grappled with when a trademark owner's right to enforce its mark against misleading suggestions of origin “must give way to expressive speech protected by the First Amendment,” as shown most recently in a series of cases from courts within the Ninth Circuit. One case has allowed the claims to proceed and the other granted summary judgment disposing of the claims.
By Lewis R. Clayton and Eric Alan Stone | May 7, 2019
A series of cases from courts within the Ninth Circuit have grappled with the issue of when a trademark owner's right to enforce its mark against misleading suggestions of origin “must give way to expressive speech protected by the First Amendment."
By Meredith Hobbs | May 6, 2019
Charleston personal injury lawyer George Sink Sr. has sued his son, George Sink Jr., for trademark infringement for opening his own plaintiffs firm, George Sink II Law Firm.
By Meredith Hobbs | May 6, 2019
Charleston personal injury lawyer George Sink Sr. has sued his son, George Sink Jr., for trademark infringement for opening his own plaintiffs firm, George Sink II Law Firm.
By Scott Graham | May 3, 2019
A federal judge in San Francisco calls it "a close call," but says Williams-Sonoma has plausibly stated a claim that Amazon is implying a connection "that does not actually exist."
By Scott Graham | May 3, 2019
A federal judge in San Francisco calls it "a close call," but says Williams-Sonoma has plausibly stated a claim that Amazon is implying a connection "that does not actually exist."
The Legal Intelligencer | Commentary
By Anthony S. Volpe | April 30, 2019
The ever-increasing speed at which information travels over social media and the expanding volume of information available on the internet has helped and hindered small and start-up enterprises.
New York Law Journal | Analysis
By Howard Wintner | April 29, 2019
This article discusses the Supreme Court decision in 'Qualitex Co. v. Jacobson Products Co.', which held that color alone was subject to trademark protection, and discusses subsequent cases.
By Scott Graham | April 25, 2019
The trademark tiff pits Orrick's Annette Hurst against Kirkland's Dale Cendali, who are otherwise collaborators in Oracle's Java copyright case against Google.
Daily Business Review | Commentary
By James Bryan | April 25, 2019
What if the copyright owner did not know that someone had been wrongly using the copyright for several years before the three-year limitations period? Does the owner waive those damages? Or, do the damages start with the initial infringement? The stakes can be considerable.
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