28 Jul’20

USPTO v. Booking.com: Acquired Distinctiveness of a Generic Domain

| Posted in Blog | No comment

The Supreme Court (“Court”) in USPTO v. Booking.com resolved a dispute about whether a generic name can become eligible for federal trademark registration though the addition of an internet-domain-name suffix such as “.com.” The USPTO rejected applications by travel-reservation website Booking.com seeking federal registration of marks including the term “Booking.com.” The USPTO concluded that “Booking.com” […]

Full article here
28 Jun’20

Romag v. Fossil: Resolving a Circuit Split on Willfulness and Profit Awards for Trademark Infringement

| Posted in Blog | No comment

In the midst of the COVID pandemic, the Supreme Court resolved an issue that was split evenly between the circuit courts. The issue before the Court was whether the Lanham Act, which is the federal statute governing trademarks, required a plaintiff to prove that the defendant had willfully infringed their trademark before the plaintiff could […]

Full article here
27 May’20

Allen v. Cooper: North Carolina’s Piracy of Blackbeard’s Pirate Ship

| Posted in Blog | No comment

In a recent decision by the Supreme Court in Allen v. Cooper, Governor of North Carolina the Court opined that States are immune from copyright infringement. While the Court noted that Congress may still act to remove this blanket immunity that the States have over copyright infringement, this holding makes clear that States generally have […]

Full article here
28 Jan’20

Trade Secret Damages Expert Blog: Head Start Damages

| Posted in Blog | No comment

In this first blog of 2020 in the continuing series on trade secrets and the methodologies utilized in determining damages, we are highlighting “head start” damages as described in the US Court of Appeals case Sabre GLBL, Inc. v. Shan. The defendant in this case was Shan, who worked for Sabre for nearly 20 years […]

Full article here