Singer Ariana Grande Challenges USPTO's Denial Over 'One Love Manchester' Trademark
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Here is yet another great article from Theo Cheng on the confidentiality of mediation. #adr #mediation #mediator #arbitration #arbitrator #disputeresolution #disputes #disputesettlement #dispute #csuite #ceo #inhousecounsel #generalcounsel #gc
I am pleased to share my latest column in the New York State Bar Association's Entertainment, Arts & Sports Law Journal entitled "When You Need a Confidential and Immediate Resolution of a Dispute – Think Mediation!" Using the recent Dominion-Fox defamation lawsuit as a backdrop, I relate how two of mediation's valuable attributes -- confidentiality and speed -- contributed to the resolution of this high-profile dispute. Enjoy!
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The Fourth Circuit Court of Appeals ordered a company to disgorge more than $40 million in profits for a trademark infringement. What was interesting about that decision was the company in the lawsuit didn't have any profits - its affiliated companies did though. Now the Supreme Court is going to weigh in on whether this kind of award is allowable. If you are a trademark pro, you have definitely been paying attention to this case. This brief article with my colleague Mary Ellen Roy concentrates on what the issue might mean for businesses that use a holding company model or otherwise divide different business lines in order to mitigate catastrophic risk. The simple plan that is usually effective in eliminating this systemic catastrophic risk failed here. If SCOTUS affirms, businesses are going to need to be looking for new ways to protect themselves. In the interim, businesses need to be paying extra attention to mitigating risks in trademark infringement lawsuits.
The U.S. Supreme Court will decide in its next term whether a court can force a company to disgorge its profits without being sued. Phelps lawyers Andrew Coffman and Mary Ellen Roy explain the trademark infringement case that could have an important impact on businesses.
SCOTUS to Consider Whether Non-Party Corporate Affiliate Profits are at Risk
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In the 2024 New Jersey Federal Civil Procedure published by ALM, Lerner David’s Keith E. Gilman, Kendall Gurule and Daniela Caro-Esposito are the authors of Chapter 26, Special Consideration in Cases Involving Intellectual Property. The chapter highlights certain nuances that arise when litigating patent, trademark (and other unfair competition matters) and copyrights in the Federal courts as well as in New Jersey state courts when dealing with trademarks. The text is intended to serve as a guide for how patent, trademark and copyright cases progress, and is appropriate for any law firm or in-house attorney. #njlawyer #intellectualpropertylaw #civilprocedure
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If you’re seeking expert legal guidance to navigate the world of art ownership, sales, and disputes, we provide comprehensive advice to private art collectors, investors, artists, art dealers, galleries, and more. From the acquisition of prized masterpieces to legal challenges, contractual matters, and provenance disputes, you can trust Frei Solicitors to be your steadfast advocates. https://lnkd.in/ebAcdNE5 #legalguidance #legalchallenges #artsolicitors #FreiSolicitors
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Patent Litigator @ Mayer Brown | Focused on IP Monetization Strategies | Passionate About Helping Law Students / New Lawyers Succeed
The question of where to bring a patent infringement suit has gotten more complicated in recent years. While patentees have found a way around the Supreme Court's TC Heartland decision by naming only foreign entities in such suits, omitting domestic subsidiaries isn't quite the quick fix patentees initially thought it would be. Sure, you can have your preferred forum, but at what cost? Suing only a foreign parent when its domestic subsidiary handles all sales, marketing, and importation of the accused articles raises issues in a number of areas. Among these are whether the foreign entity's sales to its domestic subsidiary actually took place within the United States. In an article published today by IAM, Tripp Fussell and I explore these issues from the perspective of both patentees and accused infringers. You can read it here: https://lnkd.in/eurSuWrE. In conducting the research for this article, I was surprised to learn that there's really no bright-line test for determining where a sale takes place for purposes of 35 U.S.C. 271(a). Should we look to the location of the sales invoice? Where title to the goods changes hands? The location of the entity who places the order, or the location of the entity who fulfills it? What factor (or factors) do you think courts should consider in deciding where a sale takes place for infringement purposes?
Advice for US patentees dancing the TC Heartland tango
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Partner and intellectual property attorney at Kilpatrick Townsend & Stockton LLP; Member of Board of Governors, American Bar Association; Member of Board of Directors, American Intellectual Property Law Association
Pleased to have my article on constitutional avoidance and the Rogers v. Grimaldi test for trademark infringement appear in the latest issue of the Trademark Reporter, https://lnkd.in/eKt_Ugd8. #TrademarkReporter #trademarklaw #trademarklawyer #firstamendment
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Damages for Trademark Infringement Whether you're the plaintiff or an accused infringer, it's important to know what damages are available for trademark infringement. In our latest blog post, we provide an overview of the damages available under the Lanham Act. Learn more on our website: https://lnkd.in/d7zwp_aT
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S. Claire Gibson, Esq. began her career in Intellectual Property Law in 2005 as a clerk in the Office of the General Counsel at JPMorgan Chase. Since that time, she has honed her expertise in the areas of trademark and copyright law while at the legal departments of Dreamworks Classics and NBC Universal. Visit bit.ly/3EZB314 to learn more about our team! #DBL #DoingBetterLaw #TeamDBL #LitigationAndDisputes #IntellectualProperty #IPLaw
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