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…

National Football League’s Exclusive Licensing is Concerted Action under Antitrust Law

The National Football League’s licensing of its teams’ logos and trademarks constitutes concerted action that is not categorically beyond Section 1 Sherman Act liability, and the legality of…

BNA INSIGHTS: Detour from Established Lanham Act False Advertising Principles: The Curious Case of Tiffany v. eBay

On April 1, the Second Circuit issued a unanimous panel opinion in a closely watched trademark battle between Tiffany and eBay, for the most part affirming the district court’s ruling favoring eBay…

BNA INSIGHTS: All Sides Claim Victory in Tiffany v. eBay: Second Circuit Holds Sale of Faux Tiffany Goods Is Not Contributory Trademark Infringement

In a carefully crafted opinion, the Second Circuit held on April 1, that eBay Inc. did not engage in contributory trademark infringement where it had only “general knowledge” that…

EBay Not Liable for Infringement, Dilution in Sellers’ Listings, but May Be for False Ads, Court Rules

Online auction site operator eBay Inc. is not liable for trademark infringement or dilution—either directly or secondarily— based on some sellers’ listings of counterfeit Tiffany jewelry, because it takes action when it has knowledge of fraud with regard to any specific listing, the U.S. Court of Appeals for the Second Circuit ruled April 1.

President Signs Trademark Technical Amendments

On March 17, President Obama signed into law a bill to make a series of changes to the…

ANALYSIS: False Patent Marking Claims Under the Lanham Act

Section 292 of the Patent Act, 35 U.S.C. §292, led a relatively quiet existence prior to the Federal Circuit’s recent false patent marking decision in…

House Passes Trademark Bill, Clearing It for President’s Signature

On March 3, the House of Representatives passed by voice vote a bill to make various changes to the Lanham Act. The House action clears the measure for the president’s signature…

IP Czar Seeks Public Comments on Costs Of Infringement, Enforcement Objectives

U.S. Intellectual Property Enforcement Coordinator Victoria A. Espinel on Feb. 23 called for public comments identifying the economic and public safety costs of intellectual property…

Senate Passes Trademark Technical and Conforming Amendment Act; House Bill Pending

On Jan. 28, the Senate passed a bill (S. 2968) to make various changes to the Lanham Act…

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