The Supreme Court made a very narrow ruling on the issue of “defense preclusion” in a trademark action in Lucky Brand Dungarees Inc. v. Marcel Fashions Group Inc., Docket No. 18-1086 (May 14, 2020).

The Supreme Court overturned a Second Circuit decision to find that a finding of willful infringement is not a prerequisite for an award of profits in a trademark action in Romag Fasteners, Inc. v. Fossil, Inc., Docket No. 18–1233 (April 23, 2020).

Earlier this year, I put together a series of blog posts on three sets of trademark applications directed to the marks “The,” “Tom Terrific” and “Taco Tuesday.”

The Supreme Court decided that states cannot be sued for copyright infringement due to their “sovereign immunity” in a decision that was entitled “Allen v. Cooper” on March 23, 2020.

The Supreme Court, in a unanimous decision entitled “Peter v. Nantkwest, Inc.,” held that the U.S. Patent and Trademark Office (the “USPTO”) cannot recover an award for attorney’s fees at the end of certain types of patent appeals on Dec. 11, 2019.

Two years ago, the Supreme Court issued an important trademark decision that concerned the intersection of the Free Speech Clause of the First Amendment to The Constitution and the “disparagement clause” within the Lanham Act.

It is well known that the U.S. federal government’s Executive Branch administers the U.S. patent system and that it provides relief to aggrieved patent owners through its courts.

The Supreme Court settled a longstanding issue in trademark/bankruptcy law earlier this year.

Now that my series on intellectual-property (IP) damages is complete, I would like to discuss the latest Supreme Court IP decisions. The Supreme Court issued two decisions that specifically addressed copyright law on March 4, 2019. This blog will discuss the decision relating to copyright registration requirements.

The determination of damages for trademark infringement or unfair competition is not as uniform as in patent cases or copyright cases because the enforcement of trademarks can be governed by federal substantive law, state law or both.