Supreme court tackles extent of federal subject-matter jurisdiction over compulsory counterclaims in cases presenting abandoned claims *

USA - June 26 2012
On June 25, 2012, the United States Supreme Court granted a petition for certiorari in Nike, Inc. v. Already, LLC, 663 F.3d 89 (2d Cir. 2011).

Co-authors: Theodore H. Davis, Jennifer D. Arkowitz, Stephen Feingold.

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Degradable claims under FTC’s proposed revised green guides *

USA - November 2 2010
The Federal Trade Commission recently unveiled long-awaited proposed revisions to its Guides for the Use of Environmental Marketing Claims, known as the “Green Guides,” which were last updated in 1998.

Co-authors: Tywanda Harris Lord, Barry M. Benjamin, Stephen Feingold, Laura C. Miller, William H. Brewster.

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“A kind of rebuttable presumption:” the Sixth Circuit recognizes a strong inference of likely dilution by tarnishment and shifts the burden of production to defendants selling “sex-related products” *

USA - May 21 2010
On May 19, 2010, the United States Court of Appeals for the Sixth Circuit held that the Trademark Dilution Revision Act (TDRA), which is codified in Section 43(c) of the Lanham Act, 15 U.S.C. § 1125(c) (2006), establishes a presumption-like inference of likely dilution by tarnishment where a defendant is using a mark similar to that of a plaintiff to sell sex-related products.

Co-authors: Theodore H. Davis, J. David Mayberry.

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Trademark Trial and Appeal Board expands opportunities to cure alleged fraud in the procurement of registrations *

USA - May 26 2009
In a surprise move, the Trademark Trial and Appeal Board has redesignated a formerly nonprecedential opinion as precedential, in the process expanding the options available to the owners of federal registrations at risk of being cancelled under the Board’s earlier decision in Medinol Ltd v. NeuroVasx Inc., 67 U.S.P.Q.2d 1205 (2003).

Co-authors: Theodore H. Davis, Laura C. Miller.

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Court awards copyright owner, client of Kilpatrick Stockton, the infringer's entire gross revenues as remedy for willful infringement of furniture designs *

USA - March 2 2009
A furniture manufacturer, found liable for infringement of copyrights in furniture designs, has been ordered to pay the owner of those copyrights the entire gross revenues from sales of the infringing furniture.

Co-authors: George L. Little.

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