Faruki Blog

Supreme Court: Refusing to Register Offensive Trademarks Is Offensive to the First Amendment

In June of this year, in Iancu v. Brunetti, 139 S.Ct. 2294 (2019) the Supreme Court struck down the statutory prohibition on federal registration of.. Read More

BTG Int'l: Can an Accused Infringer's Victory In an Inter Partes Review Proceeding Lead to Its Defeat in Patent Infringement Litigation?

Use of the inter partes review (IPR) process as a means to challenge the validity of a patent could be dealt a blow by a patent case currently on.. Read More

The Supreme Court Resolves a Circuit Split on the Registration Requirement for a Copyright Suit

The Supreme Court ruled against copyright owners this week in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, No. 17-571 (Mar. 4, 2019),.. Read More

WesternGeco v. Ion: Will the Supreme Court Take Patent Damages Into Uncharted (International) Waters?

The Supreme Court will soon decide, in WesternGeco, LLC v. Ion Geophysical Corp., whether a patent owner can recover damages for a defendant's.. Read More

Post-Impression-ism: Avoiding the Patent Exhaustion Defense After Impression v. Lexmark

In a decision viewed as unfavorable to enforcement of patent rights, the Supreme Court in Impression Products v. Lexmark Int'l, 137 S. Ct. 1523.. Read More

The Ohio State University v. CafePress, Inc. -- Colleges Continue Trend of Aggressively Protecting Trademarks

College apparel and merchandising is big business. For example, since its creation in 1982, the Licensing Program at the Ohio State University.. Read More

Supreme Court to Tackle Important Patent Venue Question in Early 2017

For IP litigators, a question often arises about the proper venue for a patent dispute. Often that inquiry comes from a client calling to say, "why.. Read More

Will the Federal Circuit (Or Congress) Contain the Gusher of Patent Litigation in East Texas?

Perhaps the strangest aspect of patent practice in the United States, especially for non-lawyers, is the fact that so much patent infringement.. Read More

#ShouldSocialMediaAffectFairUse?

One district court in New York doesn't think so, and, in light of a recent settlement agreement, the Second Circuit will not be afforded the.. Read More

SCOTUS' Tale of Two Trademarks: How a Happy Ending to IP Litigation Often Depends on Early Strategy Before USPTO

On March 24, 2015, the U.S. Supreme Court issued two decisions: Omnicare, Inc. v. Laborers Dist. Council Constr. Industry Pension Fund, No... Read More
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