Direct™
AIPLA Direct is an exclusive online information service that delivers substantive, to the
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Supreme Court Upholds Rejection of "Trump Too Small" Trademark in Vidal v. Elster
June 14, 2024
On June 13, 2024, the Supreme Court decided that the Lanham Act’s names clause does not violate the First Amendment. The decision contrasts with the amicus brief filed by AIPLA on August 1, 2023. -
Supreme Court Affirms Eleventh Circuit’s Ruling in Warner Chappell Music, Inc. v. Sherman Nealy
May 9, 2024
On May 9, 2024, the Supreme Court issued a 6-3 decision in Warner Chappell Music, Inc., et al. v. Sherman Nealy, et al., affirming the Eleventh Circuit’s ruling that, provided suit is timely filed under the discovery rule, copyright damages are recoverable for infringements occurring prior to the Copyright Act’s three-year statute of limitations. The majority opinion is consistent with the amicus brief filed by AIPLA on December 1, 2023. To read the opinion of the Court, please click here. -
Supreme Court Vacates and Remands 10th Circuit's Decision in Abitron Austria GmbH v. Hetronic International, Inc.
June 29, 2023
On June 29, 2023, the Supreme Court vacated and remanded the 10th Circuit's decision in Abitron v. Hetronic. The Court held that the Lanham Act’s causes of action for trademark infringement do not rebut a canon of statutory construction—the presumption against extraterritoriality. Accordingly, any triggering conduct for Lanham Act liability must be domestic, and the Court held that the relevant triggering conduct is “infringing ‘use in commerce.’” The decision is in part inconsistent with the amicus brief filed by AIPLA on December 26, 2022. To read the opinion of the Court, please click here. -
Supreme Court Rules Andy Warhol Foundation Violates Copyright in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith
June 15, 2023
On May 18, 2023, the Supreme Court ruled that the Andy Warhol Foundation (AWF) violated Lynn Goldsmith’s copyright. As advocated in AIPLA’s Amicus Brief filed on June 17, 2022, the Court confirmed that a fair use analysis involves weighing all the statutory factors, and that a fair use analysis is an objective inquiry. To read the opinion of the Court, please click here. -
Supreme Court Unanimously Upholds Federal Circuit’s Decision in Amgen Inc. v. Sanofi
June 15, 2023
On May 18, 2023, the Supreme Court unanimously upheld the U.S. Court of Appeals for the Federal Circuit’s decision finding Amgen’s patent invalid. This ruling is consistent with the amicus brief filed by AIPLA on February 10, 2023. To read the opinion of the Court, please click here. -
Supreme Court Vacates and Remands the Lower Court's Ruling in Jack Daniel’s Properties Inc. v. VIP Products LLC
June 15, 2023
On June 8, 2023 the Supreme Court vacated and remanded the lower court's ruling in Jack Daniel’s Properties Inc. v. VIP Products LLC. This ruling is consistent with the outcome encouraged by the amicus brief filed by AIPLA on January 18, 2023. To read the opinion of the Court, please click here. -
Supreme Court Vacated and Remanded the Ninth Circuit’s decision in Unicolors, Inc. v. H&M Hennes and Mauritz, LP
February 24, 2022
On February 24, 2022 the U.S. Supreme Court Vacated and Remanded the Ninth Circuit’s decision in Unicolors, Inc. v. H&M Hennes and Mauritz, LP. This ruling is consistent with the amicus brief filed by AIPLA on August 10, 2021. -
Supreme Court Rules to Keep the Doctrine of Assignor Estoppel in Minerva v. Hologic
June 29, 2021
On June 29, 2021, the U.S. Supreme Court ruled to keep the doctrine of assignor estoppel, but with limits on its application. This ruling is consistent with the amicus brief filed by AIPLA on March 1, 2021. -
Supreme Court Reverses and Vacates Federal Circuit in United States v. Arthrex, Inc.
June 21, 2021
On June 21, 2021, the U.S. Supreme Court reversed and vacated the Federal Circuit decision, dividing 5-4 on the judgment in United States v. Arthrex, Inc. In this majority opinion, the Supreme Court held that the unreviewable authority wielded by Administrative Patent Judges (APJs) during inter partes review is constitutionally incompatible with their appointment by the Secretary of Commerce to an inferior office. -
Supreme Court Overturns Oracle Copyright Win Regarding Programming Code, Holds Fair Use
April 5, 2021
On April 5, 2021, the US Supreme Court overturned Oracle’s copyright win over Google, holding that Google’s use of Oracle’s programming code from the Java SE Application Programming Interface (API) in their Android platform was a fair use and did not violate copyright laws. The Court determined that Google’s use of only the code that was needed to allow programmers to work in a new and transformative program was a fair use of that material. Writing for a 6-2 majority, Justice Breyer declined to address the first question on copyrightability and instead resolved the case focusing on the question of fair use by referencing the four guiding factors in the Copyright Act’s fair use provision. Justice Thomas filed a dissenting opinion that the ruling bypasses the question of whether the software code is protected by the Copyright Act. AIPLA filed an amicus brief in this case on January 13, 2020. -
Supreme Court Will Decide If PTAB Violates Appointments Clause
October 13, 2020
On October 13, 2020, the Supreme Court agreed to decide whether the Patent Trial and Appeal Board, as created by the AIA, violates the Appointments Clause in Article II of the Constitution. The Court granted certiorari in three consolidated cases (United States v. Arthrex, Inc., et al. 19-1434; Smith & Nephew, Inc., et al. v. Arthrex, Inc., et al., 19-1452; and Arthrex, Inc., v. Smith & Nephew, Inc., et al., 19-1458), but limited its review to two specific questions -
AIPLA Q&A with Senator Chris Coons
August 4, 2020
In this edition of AIPLA Direct Live, AIPLA President Barbara A. Fiacco asks the Honorable Chris Coons, United States Senator from Delaware, about the state of the intellectual property landscape. -
AIPLA Q&A with Senator Thom Tillis
July 1, 2020
Senator Tillis speaks on his tenure as Chairman of the Senate Judiciary IP Subcommittee, the need for strong intellectual property protection, Section 101 reform, DMCA review, oversight over the USPTO and the Copyright Office, and more. -
SCOTUS Rules That Addition of “.com” to a Generic Term Can Create a Trademark
June 30, 2020
On June 30, 2020, the U.S. Supreme Court held that the addition of “.com” to a generic term can create a protectable trademark, affirming a decision by the U.S. Court of Appeals for the Fourth Circuit. United States Patent and Trademark Office v. Booking.com B.V., U.S., No. 19-46. In doing so, the Court rejected the United States Patent and Trademark Office's (USPTO) "nearly per se rule" that when a generic term is combined with a generic top-level domain the resulting combination is generic. -
Supreme Court Dismisses ‘Defense Preclusion’ in Designer Jeans Trademark Fight
May 14, 2020
On May 14, 2020, the US Supreme Court reversed and remanded the US Court of Appeals for the Second Circuit's decision in Marcel Fashions Grp., Inc. v. Lucky Brand Dungarees, Inc., et al. No. 2017-0361, (2nd. Cir.), ruling that federal preclusion principles do not bar Lucky Brand Dungarees, Inc. (Lucky Brand) from raising a defense it failed to litigate in an earlier suit between it and Marcel Fashions Group, Inc. (Marcel). -
Georgia Loses Annotated Code Copyright Battle at Supreme Court
April 27, 2020
Copyright protection does not extend to works produced by judges or legislators in the course of their official duties, the United States Supreme Court held on April 27, 2020. Georgia v. Public.Resource.Org, Inc., U.S., 18-1150. -
Supreme Court Finds Willfulness Not Required for Trademark Profit Award
April 23, 2020
On April 23, 2020, the United States Supreme Court vacated and remanded the US Court of Appeals for the Federal Circuit's decision in Romag Fasteners, Inc. v. Fossil, Inc., No. 2018-2417 (Fed. Cir. 2019), ruling that a plaintiff is not required to show that a defendant willfully infringed the plaintiff’s trademark as a precondition to a profits award. -
Supreme Court Says PTAB’s Time Bar Decisions Not Appealable
April 20, 2020
The United States Supreme Court on April 20, 2020, held that 35 U.S.C. § 314(d), which states that the Patent Trial and Appeal Board's (PTAB) decision to institute an inter partes review (IPR) is nonappealable, also precludes judicial review of a time bar determination under 35 U.S.C. § 315(b). -
Supreme Court Says Government Can't Recoup Attorney's Fees When Defending § 145 Actions
December 11, 2019
The United States Patent and Trademark Office (USPTO) cannot recover the pro rata salaries of its legal personnel under § 145 of the Patent Act, the Supreme Court held December 11, 2019. Peter vs. NantKwest, Inc., U.S., No. 18-801, 12/11/19. -
Supreme Court Finds Bar on Scandalous or Immoral Trademarks Unconstitutional
June 25, 2019
On June 24, 2019, the Supreme Court upheld the Federal Circuit's decision in In re Brunetti, 877 F.3d 1330 (Fed. Cir. 2017), ruling that the Lanham Act provision which bars the registration of “immoral[ ] or scandalous” trademarks violates the First Amendment. Iancu v. Brunetti, No. 18-302, 6/24/2019.
AIPLA Direct is the proprietary material of the American Intellectual Property Law Association and may not be copied, distributed, or posted on the Internet without permission. The reports are provided to AIPLA members as an Association benefit and are meant to encourage non-members to join the Association. Authorization to make copies of selected material may be obtained by sending requests to Meghan Donohoe, Chief Operating Officer, at mdonohoe@aipla.org.