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
Category: Litigation
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
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