IP & Technology Law Trends
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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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Priority “UNTAMED”: Enforceable Priority in Madrid-Registered Mark Does Not Require Use of Mark Before Infringement Commences, Says Ninth Circuit
The general rule under U.S. trademark law is that the first to use a trademark in U.S. commerce has priority in the mark over other "would-be" users of the same, or confusingly similar, mark. This applies in both common law and as to rights...
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Enforcing Trademarks in Online Marketplaces
This article was originally published on LinkedIn.
It may not be as straightforward as you’d think
Many business owners choose to sell products primarily, or even exclusively, in online marketplaces such as Amazon or Alibaba. Indeed, given the curr...
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Stimulus Legislation Brings Substantial Changes to Trademark and Copyright Law
Feb 16, 2021
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Congress tucked major trademark and copyright legislation into the almost 6,000 page COVID-relief stimulus package it passed in the waning days of 2020. Overall, these changes will make it easier for rightsholders to pursue infringement claims going...
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Supreme Court Denies Cert in Jack Daniel’s Dog Toy Case
The United States Supreme Court has denied Jack Daniel’s distillery’s petition for a writ of certiorari from a Ninth Circuit decision holding that a dog toy seller’s use of the Jack Daniel’s trademarks and label design is expression protected by the...
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U.S. Patent and Trademark Office Issues New Examination Guidelines in view of Booking.com
In the recent Booking.com case (see the IP Law Trends article here discussing that case), the U.S. Supreme Court held that a trademark consisting of the combination of a generic term and a generic top-level domain, like “.com,” is not automatically g...
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