Two Recent Cases Please join us Monday, June 22, 2026 at noon online or in Westlake Village when we will discuss two recent cases. In a patent case at the Federal Circuit, GoTV Streaming, LLC v. Netflix, Inc., No. 2024-1669 (Fed. Cir. Feb. 9, 2026)(Opinion by Judge Tarantino reversing Judge Klausner of the Central Dist [...]
The Record Is the Record: Two Recent IP Decisions with a Common Thread A quintessential evidentiary record is one that allows you to pull pertinent facts, craft weighty arguments, and ultimately carry the day. Fact-finding, proper recordation of evidence, and making the right argument at the right time are crucial. Parties to a suit don't [...]
Trademark and Copyright Limits: Lessons from Eleanor and Rapunzel Please join us Monday, June 09, 2025, at noon where we will discuss two recent decisions made by the U.S. Court of Appeals for the Federal Circuit, and the Ninth Circuit U.S. Court of Appeals. Eleanor vs. Shelby: The Legal Showdown Over a Hollywood Legend [...]
Trademarks - False Connections and the Color Green Please join us Monday, May 19, 2025, at noon where we will discuss two recent decisions made by the U.S. Court of Appeals for the Federal Circuit. In In Re Thomas D. Foster APC, No. 23-1527 (Fed. Cir. 2025), the Fed. Cir. affirmed the TTAB’s refusal of Thomas [...]
Descriptive Marks and Patent Provisional Rights Please join us Monday, April 14, 2025, at noon where we will discuss two recent decisions made by the U.S. Court of Appeals for the Federal Circuit, one dealing with the long-felt distinctiveness issue and the other dealing with post-expiration issuance of a patent. In In re Forest, No. [...]
Keywords in Digital Ads - To Be Consumer Confusion or Not To Be Consumer Confusion Over the last decade, the federal courts of appeals have shifted their positions on keyword bidding of a registered trademark in digital advertisements from holding keyword can form the basis of trademark infringement finding a likelihood of consumer confusion to [...]
MGA v. T.I. Decision There were big headlines last week when MGA Entertainment Inc. lost in a jury verdict to Grand Hustle LLC (and others) in a trade dress and/or name, image, and likeness rights of the OMG Girlz. But, no articles seem to really discuss the substance of the case in any degree. It [...]
Please join us Monday, October 14, 2024, at noon, where we will discuss how a panel of judges for the Second Circuit ruled that purchasing a competitor's trademark as a keyword, without also establishing a likelihood of confusion, does not necessarily amount to trademark infringement, in the 1-800 Contacts case that was newly decided this [...]
After a drawn-out legal battle spanning several years, the famed rock band Nirvana, the fashion giant Marc Jacobs International LLC, and a former record company employee have finally reached a settlement regarding the contentious “smiley face” logo. Nirvana LLC v. Marc Jacobs International LLC et al. (case number 2:18-cv-10743). This agreement was reported in a [...]
Colorful Conflicts and Bold Boundaries: A Sampling of Trademark Law in 2024 The first half of the year has seen notable developments in trademark law. Key cases have addressed the limits of parody in trademark use, the challenges of proving distinctiveness for product designs, and the ongoing debate over free speech in trademark registration. These [...]
