Drawing the Line in Between Separate Corporations: Supreme Court Vacates a $43M Trademark Disgorgement Ruling
Written by Franklin F. Franco On February 26, 2025, the U.S. Supreme Court issued a unanimous decision in Dewberry Group Inc. v. Dewberry Engineers Inc. that reaffirms a key limitation in trademark remedies: courts cannot order disgorgement of profits from a defendant’s corporate affiliates unless those entities are expressly named as defendants. In a unanimous ruling, the Court held that the Lanham Act’s provision for … Continue reading Drawing the Line in Between Separate Corporations: Supreme Court Vacates a $43M Trademark Disgorgement Ruling
Navigating “Pen Register” Law in the Digital Age: Court Rules the Law Applies to Website Tracking Technologies
Written by Albina Gasanbekova and Lucy Holmes Plovnick, AIGP, CIPP/US On February 20, 2025, the United States District Court for the Southern District of New York recognized that online tracking technologies that collect IP addresses may fall under California’s “Pen Register” law, known as Section 638.51 of the California Invasion of Privacy Act (“CIPA”), which prohibits the use of physical recording devices for telephone communications without … Continue reading Navigating “Pen Register” Law in the Digital Age: Court Rules the Law Applies to Website Tracking Technologies
More Trump Tariffs – What Is Happening?
Written by Susan Kohn Ross In our Alert issued in early February, we addressed the announcement of new tariffs imposed on Canada, Mexico and China. After a few days of uncertainty and negotiation, we ended up with a new tariff on China (which includes Hong Kong), though the de minimis cancellation was withdrawn, and no new tariffs on Canada or Mexico are currently in place. … Continue reading More Trump Tariffs – What Is Happening?
Court Unplugs AI Fair Use Defense, But Context Is Key
Written by Mark Humphrey Yesterday, the United States District Court for the District of Delaware became the first court in the United States to issue a substantive decision on whether using copyrighted material to “train” an artificial intelligence (AI) tool is protected by the fair use doctrine, finding that fair use did not apply under a rather unique set of facts. Thomson Reuters Enterprise Centre … Continue reading Court Unplugs AI Fair Use Defense, But Context Is Key
ICE Inspections, Site Visits and Raids
Written by Howard D. Shapiro and David S. Rugendorf There have been many announcements regarding worksite inspections and raids being conducted at employment sites around the country by the Department of Homeland Security’s Immigration and Customs Enforcement agency. Employers should recognize that a site visit is not an indication that the company, its managers or any of its employees, did anything wrong. Certainly, the visit … Continue reading ICE Inspections, Site Visits and Raids
More Trump Tariffs?
By Susan Kohn Ross On February 1, 2025, President Trump announced new tariffs on Mexico, Canada and China (these are links to the actual text of each Executive Order). While a White House Fact Sheet re Tariffs was published that morning, along with a post on social media, it took until February 3, 2025 for all of the Executive Orders (“Order” or “Orders”) to be posted. … Continue reading More Trump Tariffs?
Watered Down Whisky: Bad Spaniels Dilutes Trademarks But Does Not Infringe
Written by Ian Logan After more than a decade of litigation, which included U.S. Supreme Court review, VIP Products LLC v. Jack Daniel’s Properties Inc., No. CV-14-02057 returned to the United States District Court for the District of Arizona for yet another ruling on remand. On January 21, 2025, U.S. District Judge Stephen M. McNamee ruled that although the “Bad Spaniels” dog toy, shaped like … Continue reading Watered Down Whisky: Bad Spaniels Dilutes Trademarks But Does Not Infringe
U.S. Trademark Office Fees Increasing Significantly on January 18, 2025: What It Means for You
Written by Eleanor M. Lackman The new year is bringing with it some major fee increases from the U.S. Patent & Trademark Office (USPTO) for certain key aspects for trademark filings and other trademark prosecution. Nearly all go into effect on January 18, 2025. Here are some major changes to know, and how they may affect your filing strategy in the United States: These changes … Continue reading U.S. Trademark Office Fees Increasing Significantly on January 18, 2025: What It Means for You
Dang, That Aluminum Extrusion Case Just Won’t Die!
Written by Susan Kohn Ross The U.S. International Trade Commission (ITC) voted finding there was no harm to the U.S. industry. Their report was published – seen here – on November 22, 2024. That case has now been appealed to the Court of International Trade. The good news is this activity does not overturn the liquidation instructions given to CBP by Commerce which call for … Continue reading Dang, That Aluminum Extrusion Case Just Won’t Die!
Ready, Set, Vlog! New California Laws Protect the Rights of Child Vloggers
Written by Jeremy Mittman and Eric Engelman A pair of new California laws (AB 1880 and SB 764) will go into effect on January 1, 2025 and together greatly expand the protections that apply to child vloggers in California. AB 1880 is meant to curb the potential abuse and exploitation of child vloggers by expanding California’s “Coogan Law” (as further explained below) to now include … Continue reading Ready, Set, Vlog! New California Laws Protect the Rights of Child Vloggers
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