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McDermott Will & Emery | USA | 28 Sep 2023
What’s Kühler Than Kühl? No Likelihood of Confusion
Addressing unfair competition claims under the Lanham Act, the US Court of Appeals for the Tenth Circuit concluded that no reasonable juror would…
Masuda Funai Eifert & Mitchell Ltd | USA | 28 Sep 2023
U.S. Supreme Court Limits the Lanham Act's Extraterritorial Reach
On June 29, 2023, the U.S. Supreme Court overturned the decision of the U.S. Court of Appeals for the Tenth Circuit in Abitron Austria GmbH, et al. V…
Baker Sterchi Cowden & Rice LLC | USA | 6 Sep 2023
Tenth Circuit Decision Provides Excellent Discussion of Burden to Show Pretext in Discrimination Cases
Johnson County employee fired for dishonesty and insubordination puts up a solid fight trying to support his burden that the County’s…
Shearman & Sterling LLP | USA | 6 Sep 2023
Split Tenth Circuit Affirms Dismissal Of Exchange Act Claims Against Aerostructures Manufacturing Company And Its Executives, Finding Plaintiffs Did Not Adequately Plead Scienter
On August 21, 2023, the United States Court of Appeals for the Tenth Circuit affirmed dismissal of a consolidated putative class action alleging…
Vorys Sater Seymour and Pease LLP | USA | 23 Aug 2023
U.S. Supreme Court Provides Further Guidance on International Reach of The Lanham Act - But What Does It Mean for Brands?
By now, many in-house legal departments and ecommerce and sales professionals are well aware that the Lanham Act, which prohibits trademark…
Shearman & Sterling LLP | USA | 1 Aug 2023
Tenth Circuit Reverses Dismissal Of Putative Class Action, Holding That Statute Of Repose Did Not Bar Filing Of Second Amended Complaint
On July 13, 2023, the United States Court of Appeals for the Tenth Circuit reversed the dismissal of a putative class action asserting claims against…
Patterson Belknap Webb & Tyler LLP | USA | 27 Jul 2023
Tenth Circuit Holds that Sovereign Immunity Does Not Limit Section 544 Claim
Section 544(b)(1) of the Bankruptcy Code enables a trustee to step into the shoes of a creditor and avoid a transfer “of an interest of the debtor in…
FordHarrison LLP | USA | 5 Jul 2023
Navigating the U.S. Supreme Court's Decision in 303 Creative LLC and its Implications on First Amendment Rights in the Workplace
On June 30, 2023, the U. S. Supreme Court issued its ruling in 303 Creative LLC v. Elenis. At issue in the case was a pre-enforcement challenge to…
McDermott Will & Emery | USA | 8 Jun 2023
All’s Well That Edwell: Two Markets Can Be Substantially Different if Defined Narrowly Enough
Despite evidence of actual confusion and seemingly similar services, the US Court of Appeals for the Tenth Circuit upheld a district court’s…
McDermott Will & Emery | USA | 25 May 2023
Elevate the $: Geographic Isolation Helps Defeat Trademark Infringement Claim
In a case between similarly named banks, the US Court of Appeals for the Tenth Circuit confirmed expert disclosure requirements, conducted a de novo…
