Among the latest entries in the quickly expanding catalogue of blockbuster movies about comic book characters are Marvel’s Captain Marvel and DC’s Shazam!, both of which have generated hundreds of millions of dollars at the box office this year. Given the present financial success of these characters, it may come as a surprise to fans that Captain Marvel and Shazam have a complicated and intertwined history, including a legal battle that lasted more than a…

A New York District Court recently denied a preliminary injunction to stop use of the mark WOODSTOCK in association with cannabis and cannabis-related products, in part because cannabis and cannabis-related products were found not to be in the “zone of expansion” of the movant, despite movant’s federal registrations of WOODSTOCK for smoker articles. Woodstock Ventures (WV), owner of several WOODSTOCK registrations for entertainment services, sued Woodstock Roots (WR) in 2018 for allegedly infringing WV’s trademark…

Continuing to feed its appetite for trademark rulings, the U.S. Supreme Court has recently granted petitions for certiorari of two Second Circuit decisions implicating trademark law. The first case could change the burden of proof for recovering an infringer’s profits as damages in trademark disputes, while the second case may limit a defendant’s ability to invoke new defenses to trademark claims. Both cases have the potential to create seismic shifts in trademark jurisprudence. In Romag…

In 2018, Avengers: Infinity War marked several milestones, one of which was the apparent death of half of our heroes with a single snap of the fingers (i.e., the now-infamous “Snappening” by the uber-villain Thanos). In preparing to see Avengers: End Game, I re-watched Infinity War, which got me thinking about the current state of software patents. Yes, I’m a patent geek. And for anyone who’s been following software patents during the past several years, I’m sure…