The Third Circuit has now shown its work. On October 1, 2026, Above the Fold reported that the court affirmed the judgment for Thomson Reuters in its suit against Ross Intelligence and that it filed its opinion under seal. With
The first U.S. appellate court to weigh in on whether AI training on copyrighted material qualifies as fair use has sided with the copyright holder. On September 29, 2026, the Third Circuit affirmed the district court’s ruling in Thomson Reuters
The Trademark Trial and Appeal Board just reminded brand owners of a hard truth: you cannot relitigate a losing trademark opposition simply by adding generic words to your mark and tightening your identification of services. In Mars, Incorporated v. PAGS
On August 4, 2026, in VIP Products, LLC v. Jack Daniel’s Properties, Inc., the Ninth Circuit vacated a permanent injunction barring VIP Products from selling its “Bad Spaniels” squeaky dog toy, a parody of the Jack Daniel’s whiskey bottle. In
Can adding a single word to a trademark save it from a likelihood of confusion finding? According to a recent Federal Circuit decision, the answer is no—at least when the marks share the same core meaning and cover identical goods.
On June 29, the Supreme Court agreed to review the question of whether judges or juries should decide a trademark’s inherent strength when assessing whether consumers are likely to be confused by the mark in trademark disputes under the Lanham
When a defendant defaults, fails to respond to a motion for class certification, and produces no evidence of consent, one might assume that class certification is a formality. A recent decision from the Eastern District of Pennsylvania is a useful
In Van Elzen v. American Home Shield Corp., No. 24-C-1206, 2026 WL 1078771 (E.D. Wis. Apr. 21, 2026), the United States District Court for the Eastern District of Wisconsin granted summary judgment to American Home Shield Corporation (“AHS”) in a
Recruiters who contact candidates by text message should take note of a recent decision out of the Western District of Virginia. In Kattato v. Cross Country Healthcare, Inc., No. 7:23-CV-00485 (W.D. Va. Feb. 23, 2026), the Court granted the plaintiff’s
The recent final approval of a class action settlement in Johnson v. Comodo Group, Inc. demonstrates the substantial risks companies face when facing allegations of engaging in automated telemarketing without proper consent. On February 4, 2026, the U.S. District Court
