In a stunning decision on May 26, 2016, a jury found that although Google was found guilty of copyright infringement, it would not be subject to billions of dollars in damages because the “Fair Use” Doctrine, as codified at 17 USC Section 107,...

Dennis Prahl’s article entitled, “California District Court Puts Baby in a Corner,”  reminds that federal trademark infringement claims may be preempted by claims under U.S. copyright...

In a 10 – 2  decision, the Court of Appeals for the Federal Circuit en banc this morning decided Lexmark v. Impression, holding that when a product is sold subject to  a lawful re-sale or use restriction, this restriction is effective to prevent...

The Eastern District of Virginia followed the TTAB’s finding of fraud in Nationstar Mortgage, LLC. v. Mujahid Ahmad and Nationstar Mortgage, Inc., as reported at https://ladasparry.wpengine.com/news/nationstar-mortgage-v-ahmad-fraud-uspto-alive/,...

The Court of Appeals for the Federal Circuit held in In Re Simon Shiao Tam today that the Lanham’s Act’s proscription of disparaging trademarks is unconstitutional because the government has no legitimate interest in banning even hurtful...

Following the holding of the U.S. Supreme Court that decisions of the United States Patent and Trademark Office Trademark Trial and Appeal Board (TTAB) can have preclusive effect, the 8th Circuit Court of Appeals determined that the ordinary...