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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 .


Second Circuit clarifies the scope of safe harbor protection under the Digital Millennium Copyright Act

USA - April 5 2012 On April 5, 2012, the United States Court of Appeals for the Second Circuit issued an important decision clarifying the contours of the “safe harbor” provision of the Digital Millennium Copyright Act (DMCA) that limits the liability of online service providers for copyright infringement that occurs “by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider.”

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