SCOTUS’s Curbing of Federal Agency Actions – A Tool to Place Guardrails on the NLRB’s Recent Policies to Expand its Reach under the NLRA

Written by Jonathan Turner and Eric Engelman On June 27 and 28, 2024, the Supreme Court of the United States issued two separate opinions that have placed judicial restraints on the scope of powers exercised by federal agencies to interpret and enforce statutes they are charged to administer.  In its opinion in Loper Bright Enterprises v. Raimondo, the Court ended four decades of deference to … Continue reading SCOTUS’s Curbing of Federal Agency Actions – A Tool to Place Guardrails on the NLRB’s Recent Policies to Expand its Reach under the NLRA

Supreme Court Ruling Limits NLRB’s Ability to Obtain Preliminary Injunctions Against Employers

Written by Jonathan Turner and Eric D. Engelman In a closely watched case, the Supreme Court ruled against the National Labor Relations Board (“NLRB” or Board) and in favor of Starbucks on the question of what the NLRB must prove before it can obtain a preliminary injunction against employers prior to fully litigating allegations contained in an unfair labor practice complaint issued by the NLRB.  … Continue reading Supreme Court Ruling Limits NLRB’s Ability to Obtain Preliminary Injunctions Against Employers

Assuming, But Not Deciding, That a Discovery Rule Exists, SCOTUS Rejects Three-Year Limit on Copyright Damages

Written by Samantha W. Frankel On May 9, 2024, the U.S. Supreme Court issued a 6-3 ruling in Warner Chappell Music, Inc. v. Nealy, No. 22-1078, 601 U.S. —-, 2024 WL 2061137 (U.S. May 9, 2024), resolving a circuit split over whether copyright law’s three-year statute of limitations bars a plaintiff from recovering all monetary damages suffered from inception even though the plaintiff discovered the … Continue reading Assuming, But Not Deciding, That a Discovery Rule Exists, SCOTUS Rejects Three-Year Limit on Copyright Damages

SCOTUS Holds That Federal Trademark Law Does Not Reach Infringing Conduct That Occurs Abroad

Written by Marissa B. Lewis and Brandon E. Hughes On June 29, 2023, the U.S. Supreme Court issued its decision in Abitron Austria GmbH, et al. v. Hetronic International, Inc., No. 21-1043, holding that federal trademark law extends only to claims where the alleged infringing “use in commerce” occurs in the U.S.  The ruling overturns a $96 million in damages awarded for infringing conduct that … Continue reading SCOTUS Holds That Federal Trademark Law Does Not Reach Infringing Conduct That Occurs Abroad

SCOTUS to Weigh In on Extraterritorial Reach of the Lanham Act

Written by Brandon E. Hughes The U.S. Supreme Court is poised to review the extraterritorial reach of the Lanham Act in a case that may significantly impact the manner in which trademark owners police and protect their marks abroad.  In Abitron Austria GmbH, et al. v. Hetronic International, Inc., No. 21-1043, 2022 WL 16703748 (U.S. Nov. 4, 2022), the Court will consider whether the Tenth … Continue reading SCOTUS to Weigh In on Extraterritorial Reach of the Lanham Act

SCOTUS Rejects Per Se Rule Against Trademark Protection for Generic.com Terms

Written by Eleanor M. Lackman and Samantha W. Frankel The U.S. Supreme Court has held that a generic word combined with “.com” is entitled to federal trademark registration if consumers perceive the combined mark as nongeneric.  United States Patent & Trademark Office v. Booking.com B. V., No. 19-46, 2020 WL 3518365 (U.S. June 30, 2020).  In an 8-1 decision, the Court held that because Booking.com … Continue reading SCOTUS Rejects Per Se Rule Against Trademark Protection for Generic.com Terms