15 May 2020TrademarksRory O'Neill

SCOTUS tosses Second Circuit’s blanket TM defence rule

Defendants cannot be barred from raising defence claims that weren’t litigated through to judgment in previous cases on different issues, the US Supreme Court has ruled.

Already registered?

For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk

More on this story

Trademarks

‘Defence preclusion’ line falls flat at SCOTUS, say lawyers

14 January 2020 Marcel Fashion Group could face an “uphill battle” at the US Supreme Court in its long-running dispute with Lucky Brand Dungarees, lawyers have told WIPR.

Trademarks

SCOTUS to clarify rules on awarding TM profits; defence ‘preclusion’

1 July 2019 The US Supreme Court has agreed to rule on two trademark cases, including a dispute over whether plaintiffs must establish wilful infringement in order to be awarded profits.

Second Circuit sidesteps skin copyright debate

10 June 2020 A make-up artist has lost his copyright appeal at a US federal appeals court, but the judges declined to issue a highly-anticipated judgment on whether the human skin is a “tangible medium of expression”.

Trouble at the USPTO—Part I: Why government cutbacks are making everyone nervous

O’Melveny hires Hollywood entertainment partner

The rise of English sparkling wine: IP lessons from Champagne's legacy

‘Lift as you climb’: Abbott, BMS, Hitachi, Lego counsels explore ‘empowerment’

INTA’s CEO on ‘that video’ and going beyond TMs

Steptoe adds high-stakes litigator from Venable

Country briefing: Trademark prosecution in India

WIPR Leaders revamps selection process for 2025 edition

SCOTUS tosses Second Circuit’s blanket TM defence rule

More on this story

Editor's picks

Editor's picks

More articles