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
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Law Trends, published by Miller Nash Graham & Dunn LLP, covers a broad spectrum of legal topics with a focus on recent developments and practical implications in areas such as intellectual property, privacy and data security, employment law, environmental law, and litigation. The blog discusses significant court rulings, legislative changes, and regulatory updates affecting businesses and legal practitioners. It also addresses industry-specific legal issues, including technology and emerging business, real estate, and bankruptcy. The content often includes analysis of federal and state laws, compliance strategies, and insights into legal trends impacting various sectors.
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Pop Culture: The Patent Snappening
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…
Your Secrets Are Safe(r) With the Government Now
By Brian Esler
As we’ve discussed here before, there is significant tension between government’s duty to give the public access to its records, and the desire of those who deal with the government to keep some of their information confidential. Yesterday, confidentiality…
Supreme Court Finds “Scandalous” Trademark Rule Unconstitutional
By Bob Cumbow
The U.S. Supreme Court has ruled that the U.S. Trademark Act’s section 2(a) provision precluding registration of “immoral” or “scandalous” trademarks violates the First Amendment of the U.S. Constitution. The ruling came in the case of Iancu v. Brunetti,…
It’s Good To Be Queen
By Brian Esler
I was interviewed recently by IP Watchdog to get my predictions on which sovereign will prevail when the Supreme Court announces its ruling in the Allen v. Cooper case, which we’ve blogged about previously. To find out who I…
Supreme Court Holds that Trademark Licensee Retains Rights After Rejection of License by Licensor in Bankruptcy
By John Knapp
In a long-awaited, nearly unanimous opinion written by Justice Kagan, resolving a circuit split described in our earlier blog post, the Supreme Court reversed the First Circuit and held that rejection by the licensor of a trademark license under…
USPTO Issues New Examination Guide for Examination of Marks for Cannabis and Cannabis-Related Goods and Services
The newly released Examination Guide for trademark examiners at the US Patent and Trademark Office (“USPTO”) entitled “Examination of Marks for Cannabis and Cannabis-Related Goods and Services after Enactment of the 2018 Farm Bill” clarifies that applications for hemp and…
Washington State Legislature Passes Bill With Major Revisions to Data Breach Notification Statute
By David Rice
Shortly after the proposed Washington Privacy Act (SB 5367) failed to pass the legislature, Washington is now set to revise its existing data breach law. HB 1071, which passed the legislature on April 22, 2019 and is awaiting the Governor’s…
Cannabis Patent Survives Summary Judgment Motion
In July of last year, United Cannabis Corporation (“UCANN”) filed the first cannabis patent infringement lawsuit in the United States, against Pure Hemp Collective Inc. (“Pure Hemp”). It alleges that Pure Hemp infringed U.S. Patent No. 9,730,911 (“the ‘911 Patent”),…
U.S. Supreme Court Makes Clear: Copyright Registration Required to Sue for Infringement
When it comes to protecting creative works, copyright law in theory offers the most instant form of protection. Under the Copyright Act of 1976, a copyright author gains exclusive rights in the work immediately upon its creation. 17 U.S.C. §…