The Second Circuit in February 2020 upheld a $6.75 million statutory damages award against a New York City real estate developer who whitewashed graffiti art on his property. The decision clarifies standards for analyzing cases under the rarely litigated Visual Artists Rights Act (“VARA”),More
Southern District of New York: Embedding Public Instagram Post Does Not Infringe Photographer’s Copyright
Sinclair v. Ziff Davis, LLC and Mashable, Inc., Case No. 18-cv-790-KMW, 2020 WL 1847841 (S.D.N.Y. April 13, 2020)
The United States District Court for the Southern District of New York held on motion to dismiss that embedded use of content that is publicly posted on Instagram by the copyright owner does not give rise to a copyright infringement claim by the copyright owner.More
Federal Circuit: Color Marks on Product Packaging Can Be Inherently Distinctive
In re: Forney Industries, Inc., 955 F.3d 940 (Fed. Cir. 2020)
In a recent decision, the Court of Appeals for the Federal Circuit held that color marks can be inherently distinctive when used on product packaging. More
Supreme Court: Willful Trademark Infringement Not a Prerequisite to Profit Awards
Romag Fasteners, Inc. v. Fossil Inc., 590 U.S. ___ (2020)
The U.S. Supreme Court resolved a longstanding split among the lower appellate (Circuit) courts, holding that a finding of willful trademark infringement is not required for an award of the infringer’s profits to the plaintiff.More
WIPO: Guidance on Prosecuting International Registrations During COVID-19 Pandemic
Trademark owners who use the Madrid System for the international registration of trademarks (or their representatives, collectively “Holders”) face a range of challenges in meeting deadlines and communicating with the World Intellectual Property Organization (“WIPO”) during the COVID-19 pandemic. More
Venezuela: New Opposition/Cancellation Provisions and Covid-19 Update
By Sahil Yadav
The Venezuelan Intellectual Property Office (SAPI) published a series of official decisions via an official communication on February 7, 2020, that introduced new procedures for trademark oppositions and non-use cancellation actions in Venezuela. A summary of these provisions follows:More
Nicaragua: Amendments to Trademark Law
Amendments to the Nicaraguan Trademark Law came into force on April 3, 2020 to expedite trademark proceedings. The amendments were effected by Law No. 1024, published in the Nicaragua Official Gazette on April 3,More
Germany: Regional Court Finds Clothing Model Name Non-Infringing
Higher Regional Court Frankfurt a. M., Urt. of. 1.10.2019 – 6 U 111/16
In an October 1, 2019, decision, the Higher Regional Court Frankfurt am Main held that the use of a model name for trousers does not constitute an infringing use of another party’s registered trademark for clothing. More
France: Administrative Invalidation and Revocation Actions Now Available
Canada: Protective Orders in Trademark Cases
Canadian National Railway Company v. BNSF Railway Company, 2020 FCA 45
By Janet L.Hoffman
Historically, the Federal Court of Canada (where most IP litigation is heard) has been issuing so-called protective orders covering confidential information, generally on consent of both parties.More