On February 26, 2025, the U.S. Supreme Court unanimously vacated a nearly $43 million award in a trademark dispute that raised the question of whether a defendant’s affiliates could be
Continue Reading The U.S. Supreme Court Unanimously Rules That Successful Trademark Plaintiffs Cannot Recover Profits from Named Defendants’ Affiliates Without Suing the Affiliates ThemselvesSCOTUS Agrees to Engage in Some Whiskey Business
On Monday, November 21st, the U.S. Supreme Court agreed to hear an appeal filed by Jack Daniel’s. In this appeal, Jack Daniel’s argued that the Ninth Circuit erred
Continue Reading SCOTUS Agrees to Engage in Some Whiskey BusinessStimulus Package Includes Major Changes to Trademark & Copyright Law
The pandemic relief and economic stimulus legislation that hurriedly passed Congress at the tail end of 2020, named the Consolidated Appropriations Act of 2021 (“the Act”), resulted in major changes
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The Trademark Modernization Act of 2020 is Enacted
On December 27, 2020, Congress signed the Trademark Modernization Act of 2020 (the “Act”), which had rare bipartisan support, into law.
The Act makes substantive changes to the
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Animal Rescue Groups May Proceed With Unfair Competition Claims
An update from Jennifer Madaras, one of the firm’s summer associates:
A California federal judge has ruled that two animal rescue groups can proceed with unfair competition claims against numerous
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Does AI Infringe? Do You?
Artificial Intelligence, commonly referred to as AI, is increasingly being used to perform tasks previously only capable of being done by humans. For example, some companies are pioneering automated journalism
Continue Reading Does AI Infringe? Do You?
Coachella/Filmchella Dispute Ends
Over the past year, including in my blog post last month, we’ve traced the progression of the Coachella/Filmchella lawsuit, which was scheduled for trial earlier this month. Approximately a
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Coachella/Filmchella Dispute Headed to Trial
The Coachella/Filmchella trademark infringement case, which we have previously covered here, here, and here, is headed to trial in California this October. Last week, the federal judge
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Update: Brand Enforcement Challenges
The General Data Protection Regulation, or GDPR, took effect May 25, 2018. As predicted, the GDPR has complicated access to WHOIS information (commonly used to look up the contact
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Send a C&D, or Just Sue?
When evaluating how to address what you believe constitutes infringement, false advertising, or unfair competition, the decision to send a cease and desist letter or to file a lawsuit becomes
Continue Reading Send a C&D, or Just Sue?