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Second COVID Relief Bill Brings Relief to Trademark Plaintiffs, Expressly Restoring Presumption of Irreparable Harm to Trademark Cases

USA - February 11 2021 On December 27, 2020, the President signed the Consolidated Appropriations Act for 2021. Although this legislation garnered considerable attention…

SCOTUS: Willfulness Not Required for Trademark Infringement Plaintiff to Recover Defendant’s Profits

USA - April 29 2020 On April 23, 2020, the Supreme Court resolved a long-standing circuit split regarding whether a trademark infringement plaintiff must show…

Damages in Trademark Infringement: Is Willfulness Required for Defendant’s Profits?

USA - July 25 2019 On June 28, 2019, the Supreme Court agreed to take up a case that looks to settle an equally-divided circuit split regarding the…

SCOTUS: AIA Does Not Limit Long-Standing “On Sale” Bar Precedent

USA - February 6 2019 In a recent unanimous decision, the United States Supreme Court rejected a patentee’s argument that the America Invents Act (“AIA”) narrowed…

Protecting “The Thought That We Hate”

USA - July 25 2017 The Supreme Court’s recent decision in Matal v. Tam, 582 U.S. ___ (2017) changes the trademark landscape by striking down the Lanham Act’s…