The meteoric rise of non-fungible tokens (NFTs) has ignited a legal debate about their place in intellectual property law. A recent amicus brief filed by the International Trademark Association (INTA) with the U.S. Court of Appeals for the Ninth Circuit delves into...
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Burberry Scores Big Win in Trademark Case Against Chinese Counterfeiter
Luxury fashion house Burberry has emerged victorious in a trademark infringement and unfair competition case against Xinboli Trading Shanghai, the company behind the counterfeit brand "Baneburry." The Jiangsu Provincial High People's Court ruled in Burberry's favor,...
Louis Vuitton Sued by Niche Sock Company for Trademark Infringement
California sock company Pocket Socks, Inc. has ignited a legal firestorm by suing fashion giant Louis Vuitton for trademark infringement. This lawsuit pits a small business against a global luxury brand, raising questions about consumer protection and fair play in the...
USPTO Defines AI as a Powerful Tool, But Not an Inventor
The rise of Artificial Intelligence (AI) in the past decade has revolutionized industries and sparked fierce debate within the sector of intellectual property law. Attributing inventorship for creations born from the collaboration between human ingenuity and AI's...
New WIPO Treaty on Patents, Genetic Resources, and Traditional Knowledges has Broad Implications for the Biotechnological Patent Applications
After 25 years of negotiations, the Treaty on Patents, Genetic Resources, and Traditional Knowledge was adopted in May 2024 by the World Intellectual Property Organization (WIPO). The treaty introduces a mandatory disclosure requirement of the origin of any genetic...
Texas Federal Judge Issues Preliminary Injunction against FTC’s Non-Compete Ban on the Grounds of Lack of Authority
A recent court decision has thrown a wrench into the Federal Trade Commission's (FTC) recent ban on non-compete agreements, which has raised significant questions about the agency's authority and the future of non-compete agreements in the United States. Earlier this...
Supreme Court to Decide Whether Trademark Infringement Awards Can Reach Profits of Defendant’s Non-Party Affiliates
On June 24, 2024, the United States Supreme Court granted a petition filed for the trademark infringement case, Dewberry Group, Inc. v. Dewberry Engineers Inc., appealing the decision of an appellate court. The case centers on a profits award – a court order requiring...
USPTO Proposes New Requires to Terminal Disclaimers Filed to Obviate Nonstatutory Double-Patenting Rule
The United States Patent and Trademark Office (USPTO) has proposed, in May 2024, a change to how terminal disclaimers are used. Under the current system, a terminal disclaimer allows a patent holder to disclaim the terminal portion of a patent's term, essentially...
Shein’s EU Tightrope: Navigating the EU’s Digital Services Act and Copyright Concerns
Shein, the Chinese online fashion behemoth known for its fast fashion and rock-bottom prices, is facing a potential storm in Europe. The EU's recently-enacted Digital Services Act (DSA), which will take effect in August 2024, will require very large online platforms...
After Loss of “Big Mac” Trademark in Europe, McDonald’s Files Opposition Against Home Goods Business at Home
McDonald's, the fast-food giant synonymous with golden arches and burgers, has recently found itself in hot water on the trademark front. Following a major legal defeat in the European Union (EU) this past June, McDonald's is now facing yet another trademark challenge...
