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McKee Voorhees & Sease PLC | USA | 5 Feb 2021

Congress Rescues Injunctions for Trademark Owners

On December 27, 2020, as part of stimulus package approved by Congress, the Trademark Modernization Act (TMA) was signed into law. This law revived…

Saiber LLC | USA | 20 Jan 2021

Everything Old is New Again: Presumption of Irreparable Harm Restored to Third Circuit Trademark Cases Seeking Injunctive Relief

In a real-world application of the old maxim “everything old is new again,” the law regarding the need to separately prove “irreparable injury” in…

Proskauer Rose LLP | USA | 12 Jan 2021

2020 Advertising Law Year in Review

While 2020 was an eventful year in the world of Advertising Law, it feels wrong to begin any type of “year in review” without acknowledging the…

Kilpatrick Townsend & Stockton LLP | USA | 28 Dec 2020

Trademark Modernization Act Becomes Law: Establishes New Procedures to Remove Deadwood Registrations, Restores Presumption of Irreparable Harm, and Protects the Independence of the Trademark Trial and Appeal Board

On December 27, 2020, the Trademark Modernization Act of 2020 (“TMA”) became law after it passed Congress and was signed by the President as part of…

Proskauer Rose LLP | USA | 14 Dec 2020

New York Passes Law Recognizing Post-Mortem Right of Publicity and Creating Private Right of Action for Sexually Explicit Deepfakes

Celebrities domiciled in New York State at the time of their death will soon have a transferable post-mortem right of publicity, bringing the law in…

Kilpatrick Townsend & Stockton LLP | USA | 25 Nov 2020

Review of U.S. Federal Case Law and TTAB Developments (5 Key Takeaways)

At the recent INTA 2020 Annual Meeting, Kilpatrick Townsend's Ted Davis delivered an analysis of major decisions rendered by the U.S. courts and the…

Ellis & Winters LLP | USA | 24 Nov 2020

FDCA Preemption: A Powerful Defense in Commercial Litigation, Too.

We’ve often discussed the power of preemption defenses to section 75-1.1 claims. Preemption is also a crucial issue in pharmaceutical and medical…

Proskauer Rose LLP | USA | 29 Oct 2020

Hallmark Win in Greeting Card Trademark Dispute: Court Finds Unauthorized Sale of Cards Meant for Destruction Infringing

It is generally understood that Trademark Law protects against a third party’s use of your mark or a confusingly similar mark to mislead consumers…

Eversheds Sutherland (US) LLP | USA | 28 Oct 2020

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

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

Morrison & Foerster LLP | USA | 9 Oct 2020

This Week at The Ninth: Counterfeiting and Superfund

This week, we examine a Ninth Circuit decision addressing whether a plaintiff pursuing a Lanham Act counterfeiting claim must demonstrate that…
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