Newsletters

05.04.20

Supreme Court: Willfulness Trademark Infringement Not Required to Obtain Profit Disgorgement

In Romag Fasteners, Inc. v. Fossil Group, Inc., the Supreme Court held that a district court may award the plaintiff with the defendant’s profits even without a showing of willfulness for trademark infringement.


03.27.20

Emerging Company Fundraising: What to Expect as a Result of COVID-19

As has become clear to all of us, the devastating spread of COVID-19, the disease caused by the novel coronavirus, has created a public health crisis, disrupted the global economy and challenged us to rethink the fundamental considerations of all businesses, especially the economic imperatives for ...


08.05.19

VidCon 10: A Decade of Digital Video

If you were to take a quick snapshot of the digital video world in 2019, you’d see the pros and cons of peak TV, fewer legacy content companies (some with “new looks” as a result of M&A), and more places to consume content than ever before.


05.30.19

Supreme Court: Bankruptcy Law Cannot Unilaterally Revoke Trademark License

In Mission Product Holdings Inc. v. Tempnology LLC, the Supreme Court, in an 8-to-1 decision, held that bankrupt trademark owners cannot use bankruptcy law to unilaterally revoke a trademark license.


01.28.19

Supreme Court Holds Sale Requiring Confidentiality Can Qualify as Prior Art

In Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., the Supreme Court affirmed the Federal Circuit’s decision that the sale of an invention to a party who is contractually obligated to keep the invention confidential can qualify as prior art to place the invention “on ...


01.17.19

When You Wish Upon a Puppy … CARU Steps In

Just in time for the holidays, the Children’s Advertising Review Unit (CARU) cracked down on television ads for the Wish Me Puppy and recommended that the manufacturer, Jay at Play, modify the advertisements so that children are not tricked into believing their wishes will magically come true ...


01.17.19

GDPR Enforcement Actions, Fines Pile Up

Since the General Data Protection Regulation (GDPR) took effect on May 25, 2018, data protection authorities in the European Union (EU) have wasted no time in launching enforcement actions and issuing fines.


01.17.19

Fortnite Dances Its Way Into More Lawsuits

Popular video game Fortnite has yielded another new trend: lawsuits against Epic Games for allegedly stealing famous dance routines for use in the game.


01.17.19

Ninth Circuit Not Confused by Almond Milk

The U.S. Court of Appeals for the Ninth Circuit handed a victory to the makers of almond milk in a false advertising suit, affirming dismissal of the lawsuit after finding it implausible that consumers would confuse the drinks with cow milk.


01.10.19

Second Circuit Moves Cheez-It False Ad Suit Forward

The U.S. Court of Appeals for the Second Circuit sided with three class action plaintiffs and reversed the dismissal of a false advertising dispute involving Cheez-It crackers.