Posts in Circuit Courts of Appeal


Twentieth Century Fox Television Wins Trademark Case, ‘Empire’ Does Not Infringe

The 9th Circuit affirmed the title 'Empire' was speech protected under the First Amendment and did not infringe trademarks owned by Empire Distribution... The panel instead determined …
By Steve Brachmann
3 months ago 1

Digital Resale & Copyrights: Why the Second Circuit Won’t Buy It

In 2011, ReDigi Inc. introduced technology that effectively attempted to establish a secondary market for “used” digital music files, where owners who had legally downloaded music files from …
By Lee Burgunder
4 months ago 5

2nd Circuit upholds most of district court judgment in trademark case brought by Swiss army knife maker Victorinox

On Tuesday, September 19th, Victorinox AG, the manufacturer of the well-known Swiss army knife, saw a successful outcome of an appeal decided by the U.S. Court …
By Steve Brachmann
5 months ago 0

PETA, photographer settle copyright ownership of monkey selfie

A complaint was filed in the Northern District of California on behalf of Naruto, at the time a six-year-old crested macaque residing in the Tangkoko Reserve located …
By Steve Brachmann
5 months ago 3

Octane Standard for Attorney’s Fees Applies to Lanham Act and Patent Act Cases

In mag Fasteners, Inc. v. Fossil, Inc., Romag sued Fossil for patent and trademark infringement and a violation of the Connecticut Unfair Trade Practices Act (“CUTPA”) after …

The Ninth Circuit Writes the Script on Pleading and Proving Reverse Confusion Claims

The Ninth Circuit clarified the requirements for pleading and establishing a trademark infringement claim under a reverse confusion theory in Marketquest Group v. BIC, Case No. 15-55755 (9…
By Angel Chiang & Eric Ball
7 months ago 0

Ninth Circuit Confirms Willfulness is Required to Award Profits in Trademark Cases

As Stone Creek deepens the divide among circuits, the issue of whether willfulness is required for disgorgement of a defendant’s profits in trademark cases is ripe …
By Shannon Turner & Eric Ball
7 months ago 0

Court finds that use of unpublished Tommy DeVito bio in ‘Jersey Boys’ musical is fair use

In mid-June, this case was overturned on appeal after a federal judge in the U.S. District Court for the District of Nevada (D. Nev.), entered a …
By Steve Brachmann
8 months ago 1

Court Finds ‘Google’ is Not Generic

The Ninth Circuit Court of Appeals ruled on May 16, 2017 that Google has not become a victim of its own success – that is, its Google trademark is still …

Parallel Networks asks SCOTUS to overturn unconscionable arbitration award handed to former counsel

Jenner & Block represented Parallel Networks for 18 months and then lost one of the cases on summary judgment of non-infringement. Four weeks after losing summary judgement, Jenner & Block …
By Steve Brachmann
9 months ago 3

Wi-Fi One vs. Broadcom May Reshape PTAB Trial Proceedings

The relationship between PTAB proceedings and parallel district court litigation may be altered significantly. The arguments in Wi-Fi One vs. Broadcom this week may change a lot …
By Amanda G. Ciccatelli
10 months ago 4

20 years after ‘The Cat Not in the Hat’, a look at Dr. Seuss vs. the O.J. Simpson murder trial story

On March 27th, 1997, the 9th Cir. decided to affirm a preliminary injunction prohibiting the publication and distribution of The Cat NOT in the Hat!, a parody of …
By Steve Brachmann
10 months ago 0

Knock-Offs Beware: SCOTUS Makes a Fashion Forward Decision

The ruling has wide implications for both the fashion apparel and home furnishings industry, both of which rely on distinctive, eye-catching designs to sell products. The upshot …
By Jack Hicks & Laura Kees & Stephen Shaw
11 months ago 0

Other Barks for Wednesday, April 5th, 2017

Google tries to strike a “patent peace” with a new cross-licensing initiative for Android developers. The Federal Circuit is petitioned for review of a judgment in a …
By Steve Brachmann
11 months ago 1

Other Barks for Wednesday, March 29th, 2017

The Supreme Court hears oral arguments in a case that could create venue limitations on patent infringement actions. A major Korean consumer tech firm files its first …
By Steve Brachmann
11 months ago 0