Introduction of House Online Piracy Legislation Sets Off Storm of Controversy

Within minutes of the announcement of the introduction on Oct. 26 of the Stop Online Piracy Act, there was a flurry of statements from supporters and, particularly, from detractors denouncing the legislation…

BNA INSIGHTS: Creating, Protecting and Defending Brand Equity

The use and protection of distinctive brands are integral steps in bringing a product or service to market, in differentiating that product from others, and in marketing, promoting and selling that product or service to local, regional and global customers…

BNA INSIGHTS: Quality Control: A Must in Trademark Licenses

A recent decision by the Ninth Circuit, FreecycleSunnyvale v. Freecycle Network, reaffirmed that licensing a trademark without quality control will result in the loss of the underlying trademark rights…

BNA INSIGHTS: Courts, Congress, and Agencies Adjust IP Law to Meet the Domestic and Global Challenges of the New Decade

The patent community was in rapt anticipation throughout the first half of 2010, waiting for the U.S. Supreme Court’s Bilski decision…

Senator Leahy, Congressional Aides Provide Clues to IP Legislation Agenda in 112th Congress

With a new Congress in town and intellectual property concerns on stakeholders’ minds, Sen. Patrick J. Leahy (D-Vt.) and aides to other congressmen active in IP legislation provided a preview of the issues most…

Supreme Court Splits 4-4, Lets Stand 9th Circuit Refusal to Apply First Sale Rule to Gray Goods (Update of Earlier Report)

With the recusal of the newest justice, Elena Kagan, the U.S. Supreme Court deadlocked Dec. 13 over the question of whether the Copyright Act’s first sale doctrine applies to genuine goods produced for an overseas market and imported as gray-market goods without the authorization of the manufacturer…

Feds Expand Internet Anti-Counterfeiting Effort in Seizure Actions Against 82 Domains

Federal law enforcement Nov. 29 expanded its efforts to restrict the illegal online sale and distribution of counterfeit goods through the execution of seizure orders against 82 domain names of commercial websites that…

Russian Company May Challenge Use of ‘Stolichnaya’ Trademark in U.S.

A Russian company may challenge another company’s claim of ownership of the “Stolichnaya” marks for spirits as a district court improperly conflated incontestability of the mark with the…

Anti-Counterfeiting Trade Agreement Draft Sets Enforcement Standards; ‘Three-Strikes’ Internet Cut-Off Not Included

A final draft of the Anti-Counterfeiting Trade Agreement, made public Oct. 6 after the recently concluded…

BNA INSIGHTS: Don’t Despair: Even Without a Presumption of Irreparable Harm, IP Plaintiffs Are Still Likely to Win a Preliminary Injunction After Establishing a Likelihood of Success on the Merits

Plaintiffs seeking a preliminary injunction in copyright or trademark infringement cases have long benefited from a presumption of irreparable harm…

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