In this case, the Supreme Court made it clear that Willfulness is not a required element in order to recover profits from a Trademark Infringement case. This one is kind of a no brainer - I am surprised that it took the SC to get involved to clear this up. Basica...
An interesting decision and case where the Dep Director of the USPTO tried to recover salaries of legal personnel when the PTO decision was disputed. Seemed like a petty interpretation by the PTO to go for lawyers time in this dispute. SC also did some work on di...
In this case, the 2nd Appellate Court ducks a Writ of Mandate and maintains a UCL Class Action based upon claims not relied upon for certification. This is an interesting case demonstrating the lengths appellates will go to maintain trial court discretion when it ...
In this case, the Supreme Court closed the loop on sovereign immunity arguments stemming from the CRCA. Paired with the patent decision of Florida Prepaid - States are immune for infringement claims in federal courts. IP owners would do well to police their owner...
SC delivered a UNANIMOUS decision rejecting concepts of Defense Preclusion under the principle of Res Judicata. Either issue preclusion must exist or claim preclusion must exist in order for Res Judicata to be invoked. This applies to affirmative defenses as well...
The California 6th Appellate District demonstrated comprehensively why companies must pay close attention to their warranties and the effect of known defects have upon their warranties when it comes to consumers. California has a very robust Consumer Protection law...
USPTO lost 8-1 on a sweeping rule that would bar "generic.com" from being registered. USPTO argued that combining two generic terms like "booking" and ".com" created a compound generic name and therefore unregisterable. That resoning was rejected all the way to t...
In this smackdown from the 9th Circuit, the appeals court made it clear that certain language of an Arbitration Agreement was not unconscionable, ambiguous or unenforceable. The Circuit went on to clearly show the trial court the error of its ways in radically int...
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