Intellectual Property Law

Supreme Court rules willful infringement isn’t required to award profits in trademark cases

The U.S. Supreme Court ruled unanimously Thursday that a trademark infringement plaintiff doesn’t have to show willful infringement by the defendant to obtain an award of profits.

Apr 23, 2020 10:27 AM CDT

Federal judge trims law firm’s suit that claims a rival firm hijacked website traffic

A federal judge in Chicago has trimmed some claims from an Illinois law firm’s suit that alleges that a rival hijacked its website traffic and copied some of its website content.

Mar 26, 2020 3:01 PM CDT

Judge slams emergency motion to halt knockoff unicorn art amid coronavirus pandemic

A federal judge in Chicago had no patience for a lawyer who sought a quick hearing on his client's bid for a temporary restraining order to halt the sale of knockoff unicorn art.

Mar 25, 2020 1:09 PM CDT

SCOTUS rules states have immunity from copyright suits in case involving Blackbeard’s ship

The U.S. Supreme Court ruled Monday that states have sovereign immunity from lawsuits alleging copyright infringement. Congress did not have the authority to eliminate that immunity when it passed the Copyright Remedy Clarification Act, the court ruled in a decision by Justice Elena Kagan. The Supreme Court had previously ruled…

Mar 23, 2020 5:00 PM CDT

Afternoon Briefs: Self-quarantined judge says COVID-19 not a hoax; Katy Perry wins copyright case

Judge who self-quarantined says COVID-19 isn’t a hoax Judge Bobby Peters of Georgia doesn’t know whether he had the novel coronavirus. The Muscogee superior court judge came back from Atlanta where he went to qualify for re-election and became sick with a headache, chest pain and congestion. He called his…

Mar 19, 2020 4:45 PM CDT

Amazon’s IP Accelerator helps bring in business for large and small firms

As an Amazon Prime member, Miami-based intellectual property lawyer Michael Chesal gets groceries and other goods from the world’s largest online marketplace. And thanks to Amazon’s new IP Accelerator program, Chesal also gets clients.

Mar 16, 2020 10:19 AM CDT

Afternoon Briefs: Supreme Court to hear juvenile sentencing case; Led Zeppelin wins ‘Stairway’ fight

Supreme Court takes another case over juvenile life-without-parole sentences The Supreme Court agreed on Monday to determine if the Eighth Amendment’s ban on cruel and unusual punishment requires the court to find a juvenile “permanently incorrigible” before giving him or her the sentence of life in prison without parole. Brett…

Mar 9, 2020 5:05 PM CDT

Afternoon Briefs: Defense bar calls for protection in prisons from coronavirus; cheese makers protect ‘halloumi’ trademark

Nation’s criminal defense bar calls for ‘prompt implementation’ of COVID-19 plans in detention facilities The National Association of Criminal Defense Lawyers on Wednesday called for the “prompt implementation of comprehensive, concrete, and transparent COVID-19 coronavirus readiness plans for the nation’s prisons, jails and other detention facilities.” NACDL President Nina Ginsberg…

Mar 6, 2020 3:50 PM CST

Dentons says $32.3M malpractice verdict was ‘simply wrong,’ and it will appeal

Dentons says it will appeal a $32.3 million malpractice verdict based on its disqualification in a patent case because of work done by its Canadian branch.

Feb 26, 2020 10:39 AM CST

Lawyer’s suit claims law firm’s book ‘is a slimmed down, ersatz version’ of his treatise

An Ohio lawyer has filed a lawsuit alleging that the Beasley Allen law firm and one of its partners published a book on whistleblower law that copies information from his own treatise.

Feb 10, 2020 2:05 PM CST

UpCounsel website for freelance lawyers shuts down after litigation opponent becomes ‘significant shareholder’

An online marketplace that links freelance lawyers with small businesses and other would-be clients has announced it is shutting down March 4. UpCounsel did not provide a reason for the decision in an announcement sent to users and posted on its website.

Feb 3, 2020 4:09 PM CST

Former BigLaw lawyer files suit claiming firm fired him because of nerve-compression disability

A former lawyer at Arent Fox filed a lawsuit Wednesday that claims that his nerve-compression disability led the law firm to reduce his assignments, change his job duties, and then terminate his employment.

Jan 31, 2020 2:08 PM CST

Fair Game: Does the fair use doctrine apply to Andy Warhol’s pop art?

The acclaimed “Andy Warhol—From A to B and Back Again” exhibit of more than 400 of Andy Warhol’s works has been making the rounds from New York to San Francisco to Chicago. Even casual observers have a sense of Warhol’s groundbreaking pop-art style. Yet there is one surprising legal question of fair use and transformative value that begs consideration: Just what is a “Warhol”?

Jan 9, 2020 6:00 AM CST

Poll: Which ABA Journal magazine cover from 2019 was your favorite?

We’ve covered a wide array of diverse, in-depth and hard-hitting legal topics this past year at the ABA Journal. Most recently, we ran a feature story about lawyers who are unleashing a flurry of lawsuits to step up the fight against climate change, and then all the way back to…

Dec 23, 2019 10:20 AM CST

Getting social: Check out our 8 favorite Instagram posts from this year

It’s hard to believe that 2020 is right around the corner. Over the last year, we’ve featured on our Instagram page all kinds of photos and videos—including design-related posts from the ABA Journal magazine, podcast snippets, galleries, photos from the magazine, Your Voice columns, Web First features, and real-time events…

Dec 23, 2019 10:05 AM CST