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Rita J. Yoon McDermott Will & Emery

Results 1 to 5 of 13

“Continuing wrong” doctrine rejected by Tenth Circuit *

USA - February 5 2014
Rejecting the continuing wrong doctrine, the U.S. Court of Appeals for the Tenth Circuit recently held that copyright owners must bring their…

Joint ownership of trademark rights disfavored with acquisitions *

USA - March 29 2013
The U.S. Court of Appeals for the Sixth Circuit held that when acquiring the assets of a business in its entirety, the purchaser also is presumed to…

Copyright owners waive right to jury trial by filing claims in bankruptcy court *

USA - August 30 2012
By seeking non-dischargeability in bankruptcy of damages owed by a copyright infringer, the U.S. Court of Appeals for the Eighth Circuit held that copyright owners submitted to the bankruptcy court’s equitable power and waived their Seventh Amendment right to a jury trial on their damages claims.

Laches period begins from knowledge of confusing use, not mere knowledge of use *

USA - April 30 2012
Reviewing a defendant’s laches defense to a trademark infringement claim, the U.S. Court of Appeals for the Fourth Circuit held that a district court applied the wrong legal standard in determining when the defense was triggered, incorrectly measuring the laches period from the date plaintiff first knew of defendants’ use of a similar mark, instead of when a likelihood of confusion arose between the parties’ marks.

I’ll take the academic rate please *

USA - March 31 2011
The U.S. Court of Appeals for the Seventh Circuit affirmed a decision that there was no breach of contract and no fraudulent misrepresentation by a professor who obtained a license to use genetic sequencing data at an academic rate, but who used the data in a commercial venture rather than for purely academic purposes.

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