The counterfeit lie
"Cops? Robbers? Stealing? I don't know much about trademarks, but I know about those things. Judgment for plaintiff." Read more
Category: Litigation
In law as in life, you make your own luck
At issue in the case is whether, in an action to enforce a trademark infringement judgment, a defendant who continues with the exact same infringements can collaterally attack a prior judgment with a defense that it raised in that prior action but deliberately chose not to prosecute. Read more
Thank you for your loyalty
I like opinions in trademark infringement cases that don’t just gloss over LIKELIHOOD OF CONFUSION issues, but I have to admit I wasn’t ready for what... Read more
Please plead me
Everyone knows about copyright preemption. How about trademarks? Pamela Chestak has a great post that explains why yes one, and no the other. First, a... Read more
Going Wayback… and it’s out of here!
The TTABlog writes about a recent TTAB decision rejecting “Wayback Machine” data as evidence: The Board observed that the “Wayback Machine” suffers from a serious... Read more
Hot fun in the summer time
A little while I ago I uploaded, at J.D. Supra, the three days of trial transcripts from last year’s desert extravaganza, the Designer Skin v.... Read more
Eminent Domain: Know Your Rights
Can the government take your land? Yes, they can – it’s a part of the 5th Amendment – as long as they pay just compensation... Read more
Book ’em, Dan-o!
There really is still such a thing as personal jurisdiction — and its absence — even in the Internet age, reports Evan Brown: Last year... Read more
Discovering discovery – part 2
A friend going by the name of “Mark” asked questions — amazingly — about the previous video concerning document discovery. I answered them here. Read more
Discovering discovery
Some people seem to be interested in these things. Here is a video I did introducing the concept of pretrial civil discovery. Read more
Belmora petition for rehearing en banc
The never-ending journey! Interesting issue here: Do federal courts borrow state statutes of limitation in Lanham Act cases, or only use them as a benchmark... Read more
First Amendment claims result in injunction against New York State in Rev. Steven Soos et al v. Cuomo et al
I submitted a proposed amicus curiae brief, working with Agudath Israel of America, a leading advocacy group for orthodox Jews, in this case filed by... Read more
The First Amendment has all kinds of things
Including freedom of religion. I talk about my latest (not my first) adventure with it, in association with the great Harmeet Dhillon and her Center... Read more
Sorry you’re sick. But virus the money
A recent decision out of SDNY rejects defendants’ claim that “inability” to pay on a consent judgment “due to” financial difficulties arising from COVID-19 translates... Read more