It’s not about you
Fact is, trademark law, judges -- much less justices -- are not all much into you. Read more
Category: Litigation
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
Posner’s “judicial interpretive updating” and the disparagement clause
Thank God for small favors. Like being far away from the Seventh Circuit these days if you or your client want to rely on the... 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
Patsy’s: Circuit Gently Pulls the Plug
Here (below) is something you don’t see every day. It’s a summary order [UPDATE: amended and corrected on August 18, 2021] in IOB Realty v.... 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
Tanked?
Cartier sued Apple last week, and before I had a chance to figure it out, they either un-sued them or announced that they were about... Read more
Trial call
Unbelievable day at trial in the Designer Skin v. S&L case yesterday. Maybe we’ll talk about it some day. Let’s see how today goes! Have... Read more
The counterfeit lie
"Cops? Robbers? Stealing? I don't know much about trademarks, but I know about those things. Judgment for plaintiff." Read more
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