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Supreme Court: broad covenant not to sue negates jurisdiction over counterclaims for non-infringement and cancellation of trademark

USA - January 15 2013 In Already, LLC v. Nike, Inc., the Supreme Court of the United States ruled that the trademark plaintiff's voluntary dismissal of its infringement...

Paul Devinsky.


40-year delay smacks down monetary damages, but not permanent injunction, in fraternity and sorority trademark suit against paddle manufacturer

USA - December 27 2012 Assessing a delay of more than 40 years by college fraternal organizations in enforcing their trademarks against an unauthorized user, the U. S. Court of...


Supreme Court hears oral arguments in gray-market copyright case

USA - November 29 2012 Undaunted by an approaching hurricane that had already shut down the federal government, public transportation and nearly all of the rest of Washington, D.C., the U.S. Supreme Court on October 29, 2012, heard oral arguments in a copyright case involving the unauthorized resale in the United States of foreign versions of textbooks originating from U.S. publishers....


Trademark protects “color of passion” used on soles of women’s high-fashion designer footwear, except if shoe itself is red

USA - September 28 2012 In a case captivating the fashion world, the U.S. Court of Appeals for the Second Circuit has issued an important trademark ruling in a case involving high-end luxury women’s shoes....


Supreme Court to decide application of first sale doctrine to foreign-made copyrighted works

USA - May 30 2012 The U.S. Supreme Court has agreed to hear a case involving “gray market” resale of copyrighted works and the defense of the “first sale doctrine.”...