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Fall Is In The Air: Are The Justices Getting Ready For The Gridiron?
The Washington Redskins Ask The Supreme Court To Block Fourth Circuit From Participation In Important Trademark Cases Another Labor Day is behind us, kids are back to school, and fall has unofficially...
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Hot News, Shredded Wheat and Wool Underwear: Brandeis On Copyright And Trademark
October 9 marks the 100th anniversary of Louis Brandeis’ first session as a justice of the Supreme Court of the United States (October 9, 1916 was the second Monday in October – in 1917, the Court...
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Supreme Court Establishes Test for Copyrightability of Two-Dimensional...
On March 22, 2017, the Supreme Court established a test for determining whether a design that is incorporated into a useful article is entitled to copyright protection. In its much-awaited opinion in...
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President Ford Ascends Copyright Mount Rushmore
On past Presidents’ Days, we have discussed the critical roles in the development of U.S. copyright law played by Abraham Lincoln (who extended copyright protection to photographs) and George...
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Supreme Court: Copyright Owners Must Wait For Registration Certificate Before...
On March 4, 2019, the United States Supreme Court held that, with certain exceptions, a copyright owner must obtain a copyright registration certificate from the Copyright Office before filing a...
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Supreme Court to Decide Whether Trademark Owner Must Prove Willful...
Under 15 U.S.C. § 1117(a), trademark holder who proves infringement may receive as damages an award of profits “subject to the principles of equity.” This phrase has divided the circuit courts going...
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SCOTUS Willfully Unfastens Infringer’s Profits From Its Mental State
Yesterday, the Supreme Court decided a trademark damages question that has long divided courts across the country. For decades, a trademark owner’s chances of recovering an infringer’s profits in...
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Georgia On Our Minds: Annotations Authored by Legislators Not Eligible for...
On April 27, the Supreme Court took us on a stroll down memory lane in its decision in Georgia v. Public.Resource.Org, Inc., referring us back to its very first copyright case and revisiting the...
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Booking.whocares: SCOTUS Issues a Headline-Making Trademark Decision… But...
On June 30, amidst the traditional flurry of end-of-term opinions, the Supreme Court issued its decision in the first case to have been argued before it via teleconference, United States Patent and...
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Missing Appointments: Supreme Court Grants Certiorari in Arthrex v. Smith &...
While all eyes have been trained on the confirmation hearings from last week, the Supreme Court made news in the IP world. The Court granted certiorari in Arthrex v. Smith & Nephew (Nos. 19-1434,...
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