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Trademark scammer gets the slammer!

USA - September 20 2021 On September 15, 2021, the United States District Court for the District of South Carolina imposed significant penalties on a defendant who defrauded…

Vivian Chew, James H. Johnson Jr., Peter G. Pappas.

A Sticky Situation: Epoxy Company Is Stuck With Evidence of Intent to Copy, and Evidence of Actual Confusion

USA - October 28 2020 The interplay between circumstantial evidence under the Lanham Act’s substantive law of trade dress infringement and the rules for summary judgment…

Sarah C. Waste.

“,” not so generic after all: BOOKING.COM registers a win at Supreme Court

USA - July 1 2020 On June 30, 2020, the US Supreme Court held that a “” mark (a generic term in combination with “.com”) could be eligible for federal…

Albert K. Heng.

Tax Service’s Registered Trademark’s Suggestiveness Presented Jury Question

USA - May 26 2020 In Engineered Tax Services, Inc. v. Scarpello Consulting, Inc., 2020 WL 2478863 (11th Cir. May 14, 2020), the Eleventh Circuit reversed and remanded…

Haley M. Hurowitz.

Marcel Fashions Group did not “get lucky” with the doctrine of defense preclusion

USA - May 15 2020 On May 14, 2020, in a unanimous opinion authored by Justice Sotomayor, the US Supreme Court overturned the “defense preclusion” doctrine proposed by…

Cameron Murphy, Chancellor S. Shafor.