SCOTUS finds internet service providers not liable for users’ infringement
In a recent unanimous decision, the Supreme Court reversed a Fourth Circuit decision and held that internet service providers such as petitioner/defendant Cox Communications, Inc.More
TTAB British Virgin Islands entities can claim §44(d) Priority Basis
In CandyVerse, LLC v. Zeeth Ltd., the Trademark Trial and Appeal Board (“TTAB”) addressed an issue of first impression, holding entities organized in the British Virgin Islands are entitled to claim priority under Section 44(d) of the Trademark Act even though the Virgin Islands is not party to a treaty with the United States that confers a right of priority.More
TRENDS TO WATCH IN 2026
Artificial Intelligence
USA
Second Circuit affirms $900,000 attorneys’ fee award against attorneys who pursued unreasonable trademark infringement case. Balestriere Fariello v. Gimlet Media, Inc., No. 24-2155 (2d Cir. Oct. 15, 2025).
In 2015, Reply All Corp., which owned a Registration for REPLYALL for “Computer services,More
USA
Anthropic case settled: Bartz v. Anthropic, No. C 24-05417 (N.D. Cal.)
In 2024, three authors filed a class action against Anthropic, maker of the AI chatbot Claude.
During discovery, plaintiffs learned that Anthropic purchased millions of new and used books,More
USA
USA – Ninth Circuit Affirms Dismissal of Drag Queen’s Claim Against Netflix
Lance Hara, a “well-known Drag Queen in Hollywood” professionally known as Vicky Vox, sued Netflix. The suit concerned Netflix’s use of Vox’s likeness and persona (but not her name) in an animated series,More
U.S. Federal Circuit Court Holds Dark Green Is Generic for Medical Exam Gloves
In re PT Medisafe Technologies, No. 2023-1573 (Fed. Cir. Apr. 29, 2025)
Medisafe, the medical glove manufacturer, applied to register a color mark, namely “the color dark green (Pantone 3285 c) as applied to the entire surface of the goods which consist of chloroprene examination gloves.” The drawing and specimen are shown below:More
As January 2025 draws to a close, five new states have taken their places in the patchwork of U.S. comprehensive privacy laws. The laws of Delaware, Iowa, Nebraska, and New Hampshire took effect on New Year’s Day, with New Jersey’s law effective two weeks later.More
The U.S. Patent and Trademark Office (USPTO) is raising fees for many routine trademark filings as of January 18, 2025, and is simultaneously adopting a new filing platform and fee structure for new applications seeking registration under Sections 1 and 44 of the Lanham Act.More
