Nike’s successful retreat strategy: trademark defendant’s invalidity counterclaim is moot following plaintiff’s covenant not to sue *

USA - January 10 2013
Nike, having sued competitor Already LLC for infringing its marks, later issued a covenant not to sue to Already and sought to dismiss the case…

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Will the Supreme Court review copyright damages in music downloading case? *

USA - December 21 2012
Like Joel Tenenbaum, who has been discussed in prior entries in this blog, Jammie Thomas-Rasset has conducted a long-running battle with the recording industry over how much damages she should pay for her downloading activity. 

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Decades of delay are ok: First Circuit rejects laches defense based on "doctrine of progressive encroachment" *

Puerto Rico, USA - October 29 2012
In a case on appeal from the District of Puerto Rico, the First Circuit held that the “doctrine of progressive encroachment” defeated a junior user’s laches defense, despite the fact that the junior user had been co-existing with the senior user for decades.

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$675,000 jury verdict against music file-sharer upheld *

USA - August 28 2012
As previously discussed on this blog, last year the First Circuit held that the jury verdict for $675,000 in statutory damages against graduate student and file sharer Joel Tenenbaum should not have been reduced to $67,500 by District Court Judge Nancy Gertner on constitutional grounds.

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Colors as trademarks: the gloves are on in this baseball brawl *

USA - July 11 2012
Rawlings Sporting Goods Co. has brought suit against competitor Wilson Sporting Goods Co. for giving a Wilson® baseball glove with “metallic gold-colored webbing, stitching and lettering” to a major league player -- Brandon Phillips of the Cincinatti Reds -- who has won the “Rawlings Gold Glove” award in the past but is an endorser of Wilson rather than Rawlings.

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