IP & Technology Law Trends
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Supreme Court to Review Trademark Territoriality
A few weeks ago, we wrote about a trademark territoriality case being presented to the U.S. Supreme Court. We write now with a follow-up: the Court has agreed to hear it.
The case is Abitron Austria GmbH v. Hetronic International, Inc., and it prese...
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“Wavy Baby” Case Tests Definition of an Expressive Work
Is the Wavy Baby a sneaker or a comment on “sneaker culture”? A commercial product or a collectible artwork? This is the most recent variation on a question that has had growing urgency in trademark law over the past decade: What is an expressive w...
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Supreme Court May Review Trademark Territoriality
Increased globalism brings with it a need to re-examine and clarify the territorial limitations traditionally applied to trademark rights. Should U.S. users of foreign trademarks and foreign users of U.S. trademarks be subject to the provisions and remedies of the Lanham Act irrespective of where sales—and damages—occur?
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The Struggle is Real: Federal Trademark Registration for Cannabis and Hemp-Derived Food and Beverages Remains Elusive
Although commercial use of a trademark alone triggers rights in a mark, wise business owners endeavor to take advantage of the added benefits and protections conveyed by federal registration. One of the most important benefits of federal trademark re...
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Don’t Let Your Core Brands Fall Victim to Trademark Trolls
Similar to its patent and copyright-focused counterparts, “trademark troll” is a negative moniker that refers to people who register for a trademark in bad faith, meaning they have no lawful intention to use the mark in commerce. Instead, trolls seek...
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The Ninth Circuit Leaves Open the Delta-8 THC Legal Loophole in an Intellectual Property Dispute
In the first federal appellate ruling on delta-8 THC, the Ninth Circuit Court of Appeals deemed the substance legal—at least for purposes of trademark protection—concluding that if “Congress inadvertently created a loophole legalizing vaping produc...
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