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After Almost 20 Years of Litigation, “Lucky” Finally Gets Lucky

USA - May 18 2020 On May 14, 2020, the United States Supreme Court held in Lucky Brand Dungarees Inc., et al. V. Marcel Fashion Group Inc., that a party is not...

Evelina Gentry.

The Parameters of Generic Marks: before the Supreme Court

USA - May 14 2020 The Lanham Act (“Act”) makes it clear that generic terms cannot be registered as trademarks. But can an online business create a protectable...

Evelina Gentry.

2(b) Prohibition On “Flag Marks” Bars Use of Flag as Part of a Mark

USA - May 12 2020 In a recent precedential decision concerning the rarely litigated or cited Section 2(b) of the Lanham Act, the Trademark Trial and Appeal Board...

Rachel B. Rudensky.

States Cannot Copyright Annotated Versions of Legal Codes

USA - May 4 2020 On April 27, 2020, the United States Supreme Court held, in Georgia et al. V. Public.Resource.Org., Inc., in a 5-4 decision, that Copyright Law does...

Evelina Gentry.

Willfulness Is Not Required for Awarding Profits in Trademark Cases

USA - April 29 2020 On April 23, 2020, the United States Supreme Court held in Romag Fasteners, Inc. v. Fossil Group, Inc., FKA Fossil, Inc., et al., that under the...

Evelina Gentry.