The Road to Protection in China Just Became A Bit Clearer

Earlier this month, the Supreme People’s Court, China’s highest appellate court, affirmed a 2017 ruling that ordered “Uncle Martian” to destroy all infringing product, pay $300,000 in damages, and stop using a “UM” design that mimicked, and therefore infringed upon, Under Armour’s “UA” logo. Separately, in April, the Supreme People’s Court decided that the Chinese […]

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YVES SAINT LAURENT TAKES A HIT

When dealing with creative talent, it is imperative that a company pays close attention to their employment and intellectual property agreements to be sure that the company’s operations are not disrupted if and when the talent departs. Recent litigation between Yves Saint Laurent (YSL) (and its parent entity) and YSL’s former creative director, Hedi Slimane, […]

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Party Sanctioned for Pursuing Frivolous Appeal

Background Following up on my post of May 15th, 2020, the Seventh Circuit has sanctioned Ellishbrooks for its pursuit of a frivolously doomed appeal. The sanctions order emphasizes the importance of respecting the rules and answering on time for litigants and their counsel. 

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Recovery of Attorneys’ Fees in Copyright Cases Remains Subject to Case-By-Case Analysis

The availability of attorneys’ fees for prevailing parties in copyright cases has been a hot issue for several years, and I have commented on recent developments on several occasions. This week, the Seventh Circuit issued an opinion making clear that the applicable analysis remains grounded in a fact-intensive, case-by-case approach.  Timothy B. O’Brien LLC v. Knott, […]

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Mistakes in Copyright Registration Cause Verdict in Fabric Case to Unravel

Accelerating a recent trend, the Ninth Circuit has held that misstatements in a copyright application may invalidate a resulting registration and jeopardize an infringement verdict based on the registration.  

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