Supreme Court of Nevada exempts trademark licensors from strict products liability
5/14/25
By: James V. Lovett
In a 5-2 decision issued on May 1, 2025, the Supreme Court of Nevada weighed in on whether a trademark licensor could be held liable under a strict products liability theory when it did not design, …
U.S. Federal Appeals Court affirms Trademark Trial and Appeal Board decision on color marks
5/7/25
By: James V. Lovett
On April 29, 2025, the United States Court of Appeals for the Federal Circuit affirmed a United States Patent and Trademark Office (“USPTO”) Trademark Trial and Appeal Board decision in In re: PT Medisafe Technologies. …
U.S. Supreme Court denies petition regarding on-sale bar for secret processes
5/7/25
By: James V. Lovett
On April 28, 2025, the U.S. Supreme Court declined to hear an appeal in Celanese International Corp. v. International Trade Commission. 111 F.4th 1338, 1340 (Fed. Cir. 2024), cert. denied sub nom. Celanese Int’l Corp. …
Avoid These Practitioner Pitfalls When It Comes to Trade-Secret Misappropriation Trials
5/2/22
By: Nancy M. Reimer and William A. Hadikusumo
A recent decision by the United States Court of Appeals for the Eleventh Circuit in Financial Information Technologies, LLC v. iControl Systems, USA, LLC, — F.4th — (11th Cir. Dec. 22, 2021) …
SCOTUS has granted certiorari in The Andy Warhol Foundation case
3/29/22
By: Patrick Eckler
The Supreme Court of the United States has granted certiorari in The Andy Warhol Foundation for the Visual Arts, Inc. v. Lynn Goldsmith, et al., on the following question: Whether a work of art is “transformative” when …
10/14/21
Belmora LLC has petitioned for writ of certiorari to the Supreme Court for a second time in a decades-long trademark dispute between Bayer Consumer Care AG (Bayer) and Belmora over their use of the FLANAX mark for over-the-counter pain relievers sold in Mexico and …
United States Supreme Court Provides Additional Avenue for Patent Appeal
8/18/21
By: Vicki Fuller, Jessica Kelly, and Kendal Mitchell
On June 21, 2021, the United States Supreme Court issued its long-awaited decision in United States v. Arthrex, No. 19-1434, 2021 U.S. LEXIS 3124, *1, *20 (June 21, 2021). …
Using a Picture That Someone Else Took – You Could Be Facing a Copyright Claim
6/4/21
By: Neil Hartzell
United States copyright law protects “original works of authorship fixed in a tangible medium and the protection is available to published and unpublished works.” The law is codified in Title 17 of the United States Code. The …
Trademark Battle Questions Meaning of “Beer”
5/27/21
By: Ben Dunlap
What is the difference between beer and bubbly water? This is not a riddle. The distinction features prominently in a trademark suit between Anheuser-Busch InBev and Constellation Brands pending in the Southern District of New York.
The …