Irreparable Harm, I Presume? The Trademark Modernization Act and Other Changes in Trademark Law

By Deborah A. Gubernick and Michelle Emeterio Please click here to see the article.

Posted in IP and Technology Litigation, Trademark Litigation | Tagged , , , , ,

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The Lanham Act’s “Living Individual” Restriction & The First Amendment

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Posted in IP and Technology Litigation, Trademark Litigation, Uncategorized | Tagged , , ,

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Unintended Sublicenses Through Social Media: “Embedding” and the Pitfalls of Public Posts

By Deborah Gubernick and Gabrielle Morlock In this era of social media and image sharing, it is not uncommon for account holders to make their profiles public in attempt to garner as many followers and as much attention as possible. Social media platforms can be a form of relatively low-cost personal and corporate advertising. However, as a photographer recently learned, using social media platforms can have unintended consequences that compromise intellectual property rights. Stephanie Sinclair, a professional photographer who is the exclusive U.S. copyright owner of a photo titled “Child, Bride, Mother/Child Marriage in Guatemala,” posted a copy of her   Read More »

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SCOTUS Resolves Circuit Split: Trademark License Rejection in Bankruptcy Does Not Terminate Licensee’s Usage Rights

By Emily R. Parker* and David G. Barker The U.S. Supreme Court recently held in Mission Product Holdings v. Tempnology that a trademark licensor cannot revoke the right of a licensee to use a trademark by terminating a license agreement in bankruptcy. Mission licensed a trademark from Tempnology, which terminated the license after filing bankruptcy in 2015. The First Circuit held that Tempnology permissibly rejected the agreement in bankruptcy and terminated Mission’s right to use the mark. Mission appealed because the First Circuit’s decision conflicted with the Seventh Circuit decision in Sunbeam Products v. Chicago American Manufacturing, which held that a   Read More »

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Ninth Circuit Refuses to Vacate Lower Court’s Ruling After Settlement During Appeal

By Rachael Peters Pugel and David G. Barker On Tuesday, the Ninth Circuit declined to vacate a district court’s ruling at the request of the parties after they reached a settlement of their trademark dispute. In Reserve Media, Inc. v. Efficient Frontiers, Inc., Efficient Frontiers alleged that Reserve Media, a restaurant technology startup, infringed its trademarks.  After the parties failed to resolve their dispute, Reserve Media filed a complaint seeking a declaratory judgment of noninfringement.  Efficient Frontiers responded with a counterclaim for trademark infringement and unfair competition. The Central District of California granted Reserve Media’s motions for summary judgment, holding   Read More »

Posted in IP and Technology Litigation, Trademark Litigation | Tagged ,

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