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THE TRADEMARK MODERNIZATION ACT: A PRIMER FOR BRAND OWNERS
Background On December 18, 2021, the final rule implementing the Trademark Modernization Act of 2020 (TMA) went into effect, resulting in one of the most significant amendments to the rules of practice in trademark cases in decades. The TMA...
Read ArticleACCESSORY DESIGNER PREVAILS IN LAWSUIT BROUGHT BY FRANKIE EDITH KEROUAC PARKER’S ESTATE
In Moran, personal representative of the estate of Frankie Edith Kerouac Parker v Edie Parker LLC (Case No 20-cv-12717 (ED Mich), 27 September 2021), the US District Court for the Eastern District of Michigan addressed the question of whether a...
Read ArticleAmerican Axle v. Neapco
Introduction On July 31, 2020, in American Axle v. Neapco, the Federal Circuit split 6-6 on the question of whether to grant en banc review of a panel decision on patent eligibility seen by many as an unwarranted extension of the principle that...
Read ArticleTHRYV INC. v. CLICK-TO-CALL TECHNOLOGIES LP
The question of whether the United States Court of Appeals for the Federal Circuit Court of Appeals has any right to examine a decision of the Patent Trial and Appeal Board (PTAB) to institute inter partes review or post grant review, as opposed to...
Read ArticleREMEMBERING TWO OF THE SPOOKIEST HALLOWEEN COPYRIGHT CASES
With Halloween 2020 approaching, we thought it was important to remember two of the spookiest of intellectual property cases, in particular, those copyright cases addressing issues with well-known horror movies. GALLAGHER v. LIONS GATE...
Read ArticleFEDERAL TRADE COMMISSION v. QUALCOMM INCORPORATED
Introduction On August 11, 2020, the Ninth Circuit Court of Appeals reversed a decision of Judge Koh sitting in the Northern District of California that certain of Qualcomm’s business practices relating to its standards essential patents (SEPs)...
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