Evelina Gentry

Evelina Gentry advises clients with real estate, labor and employment, First Amendment, False Claims Act (FCA), products liability, and bankruptcy litigation disputes.

Firm/Organization: Akerman LLP

Blogs: Marks, Works, and Secrets

Latest Articles

Marks, Works, and Secrets

Queen Anne’s Revenge?

By Ira S. Sacks & Evelina Gentry on September 10, 2019

In June 2019, the United States Supreme Court granted certiorari in Allen v. Cooper, No. 18-877. The case presents a question “whether Congress validly abrogated state sovereign immunity via the Copyright Remedy Clarification Act … in providing remedies for authors of original expression whose federal copyrights are infringed by States.” Plaintiffs filed their Opening Brief in August 2019.…

Marks, Works, and Secrets

The Third Circuit Goes Bananas

By Ira S. Sacks & Evelina Gentry on August 14, 2019

In Silvertop Associates, Inc. v. Kangaroo Manufacturing, Inc., the Third Circuit applied the two-part test set forth in the Supreme Court’s decision in Star Athletica, L.L.C. v. Varsity Brands, Inc., and held that a full-body banana costume qualified for copyright protection.…

Marks, Works, and Secrets

Will Lucky Get Lucky This Time Around?

By Ira S. Sacks & Evelina Gentry on July 8, 2019

On Friday, June 28, 2019, the U.S. Supreme Court agreed to consider whether, in cases where a plaintiff asserts new claims, federal preclusion principles bar a defendant from raising defenses that were not actually litigated and resolved in any prior case between the parties. Lucky Brand Dungarees Inc., et al. v. Marcel Fashion Group Inc., No. 18-1086. …

Marks, Works, and Secrets

Supreme Court Will Decide When Trademark Infringers May Be Ordered to Forfeit Profits

By Ira S. Sacks & Evelina Gentry on July 3, 2019

On Friday, June 28, 2019, the U.S. Supreme Court agreed to decide the circumstances necessary to support an award of a trademark infringer’s profits under section 35 of the Lanham Act, 15 U.S.C. § 1117(a). Romag Fasteners Inc. v. Fossil Inc., et al., No. 18-1233. The ruling hopefully will resolve a long-standing circuit split over whether willfulness is a required element of proof and create a roadmap for profit awards in trademark cases.…

Marks, Works, and Secrets

Supreme Court to Rule on Copyright Protection of State Annotated Legal Codes

By Ira S. Sacks & Evelina Gentry on June 26, 2019

On June 24, 2019, the U.S. Supreme Court granted certiorari to decide whether states can claim copyright protection in annotated codes. State of Georgia v. Public.Resource.Org, Inc., No. 18-1150. Annotated codes, in addition to the text of the statute, include summaries of judicial opinions, regulations, and attorney general opinions related to the statute. Georgia, like many states, offers a free version of the statute but charges a fee for the annotated version.…

Evelina Gentry

Queen Anne’s Revenge?

The Third Circuit Goes Bananas

Will Lucky Get Lucky This Time Around?

Supreme Court Will Decide When Trademark Infringers May Be Ordered to Forfeit Profits

Supreme Court to Rule on Copyright Protection of State Annotated Legal Codes

Company

Support

New to the Network