On June 28, the U.S. Supreme Court granted certiorari to take up a pair of cases that could affect how trademark cases are argued in federal courts. In Lucky Brands Dungarees, Inc. v. Marcel Fashion Group, Inc., the Court will determine whether federal preclusion principles bar defendants from raising defenses that could have been raised in previous cases between the same parties, even when the plaintiff asserts new claims. In Romag Fasteners, Inc. v. Fossil, Inc., SCOTUS will decide whether a finding of willful infringement is required to award an infringer’s profits in cases involving false designation of origin or false description.
Litigation
- ‘Reasonable Efforts’ Require Care and Consistency
- CAFC Sends Centripetal Back to Drawing Board in Case with Cisco Due to Judge’s Stock
- Note to Senators: U.S. Patent Office Remains Under a Permanent Injunction
- ‘Sacrifices’: PTAB Reform Act Would Limit Fintiv Denials
- Conflicting Precedent for the Supreme Court in American Axle
Recent Posts
- USPTO Report Underscores Split on State of U.S. Patent Eligibility Jurisprudence
- ‘Reasonable Efforts’ Require Care and Consistency
- CAFC Sends Centripetal Back to Drawing Board in Case with Cisco Due to Judge’s Stock
- Other Barks & Bites for Friday, June 24: Congressional Hearings Focus on PTAB Reforms, French Regulators Accept Google’s Copyright Payment Framework, and DOJ Announces Settlement with Meta Over Biased Ad Algorithm
- Sotera Declarations Less Likely Given Vidal Memo on PTAB Discretion