Faruki Blog

Cleveland Indians' Chief Wahoo In Limbo

While the media has focused for years on claims that sports logos depicting Native Americans are disparaging, the issue is now front and center in.. Read More

Nominative Fair Use in the Second Circuit – A New Approach?

"Nominative Fair Use": what is this doctrine and how are the courts recognizing and applying it to claims of trademark infringement under the Lanham.. 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

The Trouble with Treble: The Supreme Court May Change the Standard for Awarding Treble Damages for Patent Infringement

If you are a patent infringement defendant, it is an unfortunate fact that, under current U.S. patent law, the bad news of a jury verdict against you.. Read More

The 4th Circuit Authorizes a Heads I Win, Tails You Lose Attorneys' Fee Award in Certain Trademark Appeals

The Fourth Circuit Court of Appeals' recent ruling on attorneys fees in Shammas v. Focarino, No. 14-1191 (April 23, 2015), will, unless overturned by.. Read More

How the Yankees Got "The House that Juice Built" Tossed Out of the Game

In 2008 and 2009, drug use among professional athletes was a big story. The "Mitchell Report," released in late 2007, exposed widespread steroid use.. 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

Sixth Circuit Orders District Court to "Assess the Applicability of Octane Fitness [in Lanham Act Cases]"

On Monday, the Sixth Circuit hinted that the Supreme Court's decision in Octane Fitness, LLC v. ICON Health & Fitness, Inc., No. 12-1184, 572 U.S... 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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