The U.S. Court of Appeals for the Eleventh Circuit widened a circuit split regarding whether a plaintiff may obtain damages for copyright infringement occurring more than three years before filing suit pursuant to the three-year statute of limitations under the
Incontestable Blog
Carl Sagan Estate Pleads Sufficient Evidence of Fame to Survive Motion to Dismiss
By Yinfei Wu
Carl Sagan is known for, among other things, the neologism “extraordinary claims require extraordinary evidence.” Courts considering allegations of trademark dilution would likely agree. To prove fame sufficient to support a claim of trademark dilution brand owners are generally called…
Lizzo Wins Big: Grammy and TTAB Victories
By Publisher
For music superstar Lizzo, 2023 began with a bang. Not only did Lizzo win Record of the Year at the 2023 Grammy Awards for her smash hit About Damn Time but her trademark holding company won a rare reversal from…
FTC’s Notches Early Win Against Roomster’s Use of False Consumer Reviews
By Publisher
The U.S. District Court for the Southern District of New York issued a firm reminder to companies regarding the severity of FTC Act Section 5(a) allegations concerning the use of fake online reviews and misrepresentation of goods and services. In…
Grab Your Popcorn: False Advertising Battle Over Movie Trailer Survives Motion to Dismiss
We’ve all seen movie trailers that gets us excited to see the movie. And if you’re like me, you’ve seen a movie or two that doesn’t meet expectations because it was nothing like the trailer. In Woulfe v. Universal City…
Jury Sides with Hermès in Battle over MetaBirkins NFTs
By Publisher
After being inspired by actress Jane Birkin on an Air France flight, Hermès chief executive Jean-Louis Dumas designed the Birkin handbag in 1984. Since then, Hermès posits that the Birkin has surpassed “it bag” status and become the epitome of…
Schwab v. Schwab UDRP Results in Reverse Domain Name Hijacking Decision
Illustrating the dangers of filing a UDRP complaint where the domain registrant’s name and the asserted trademark are identical, a recent Uniform Dispute Resolution Policy (“UDRP”) decision denied the complaint, with a two-panelist majority finding the complaint failed to establish…
MedSpa’s Motion to Dismiss Doesn’t Measure Up
By Publisher
The U.S. District Court for the Southern District of Florida gave rapper Curtis J. Jackson III (famously known as 50 Cent) a holiday gift when it denied a motion to dismiss his complaint against Perfection Plastic Surgery & MedSpa (“MedSpa”)…
Flying the Rainbow Corporate Logo: The Pride Flag and Your Brand
By Publisher
In 1978, San Franciscan LGBTQAI+ artist, Gilbert Baker, designed the iconic Rainbow Flag. The Rainbow Flag design has achieved worldwide recognition as a symbol of the LGBTQAI+ community and in its association with Pride. Baker was inspired by “the vertical…
Data Scraping Claims: CFAA Out Contract and Copyright In?
The Computer Fraud and Abuse Act (CFAA) imposes criminal penalties and establishes a civil cause of action against anyone who “exceeds authorized access” to a computer. 18 U.S.C. § 1030(a)(2). Earlier this year, the Supreme Court held that the CFAA…