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Supreme Court Holds “Objective Reasonableness” Guides Courts’ Discretion As To Whether To Award Attorney’s Fees to Prevailing Copyright Litigants

USA - June 17 2016 Yesterday, the Supreme Court of the United States issued an opinion in Kirtsaeng v. John Wiley & Sons Inc., No. 15-375 (June 16, 2016), holding that…

Co-authors: Jay Cohen, Darren W. Johnson, Hallie S. Goldblatt, Leslie Gordon Fagen , Lewis R. Clayton.


Defend Trade Secrets Act Adopted, Creating Private Federal Cause of Action for Trade Secret Misappropriation

USA - May 17 2016 On May 11, President Obama signed into law the Defend Trade Secrets Act of 2016 (the "DTSA"), which amends the Economic Espionage Act ("EEA"), 18 U.S…

Co-authors: Stephen Popernik, Darren W. Johnson, Lewis R. Clayton.


First Circuit Interprets Communications Decency Act Expansively, Holding That Lawsuit Alleging That Website Facilitated Sex Trafficking Was Properly Dismissed

USA - March 24 2016 On March 14, 2016, the First Circuit, in Doe v. Backpage.com, LLC,(1) broadly interpreted the Communications Decency Act ("CDA"), 47 U.S.C. § 230, to…

Co-authors: Roberta A. Kaplan, Michael L. Nadler.


The Supreme Court holds that the Trademark Trial and Appeal Board’s “likelihood of confusion” decisions are eligible for issue preclusion in federal court

USA - March 25 2015 On March 24, 2015, the Supreme Court of the United States issued an important decision in B&B Hardware, Inc. v. Hargis Industries, Inc., No. 13-352…

Co-authors: Jay Cohen, Andrew G. Gordon, Leslie Gordon Fagen , Catherine Nyarady, Lewis R. Clayton.


Second Circuit holds that Christian Louboutin’s use of a red sole on women’s footwear is eligible for trademark protection

USA - September 5 2012 On September 5, 2012, the United States Court of Appeals for the Second Circuit issued an important decision in Christian Louboutin S.A. v. Yves Saint Laurent America, Inc., No. 11-3303-cv (2d Cir. Sep. 5, 2012), holding that a single color may serve as a legally protected trademark in the fashion industry and, in particular, as the mark for a particular style of high fashion women’s footwear.

Co-authors: Jay Cohen, Darren W. Johnson, Leslie Gordon Fagen , Lewis R. Clayton.

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