In this episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a Copyright dispute between professional Basketball player, Terry Rozier III and holiday product retailer, Easter Unlimited, over his use of the iconic ghost mask from the horror film, “Scream.”
Watch this episode on the Weintraub YouTube Channel, here.

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Willful patent infringement can result in enhanced, and in some case treble, damages but not in every instance. Because the standard for finding willful infringement has traditionally been lower than that for enhancing damages, a finding of willful infringement does not guarantee an award of enhanced damages.  However, a 2019 Federal Circuit opinion caused confusion, suggesting the standards were essentially

In a recent case, Bell v. Wilmott Storage Services, LLC, decided September 9, 2021, the Ninth Circuit clarified the role that the de minimis concept plays in copyright infringement cases.  In essence, the Ninth Circuit explained that de minimis goes to the amount of copying of a copyrighted work as opposed to any de minimis use or display of any

There are many requirements for obtaining a patent.  One of those is the written description requirement.  Pursuant to 35 U.S.C. §112(a), the patent must describe the invention in writing.  If the written description requirement is not met, the patent won’t be granted.  If the patent has already been issued, it can be invalidated for failure to satisfy the written description

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit filed by 1-800 Contacts that accuses Warby Parker of buying search-engine keywords for “1-800 Contacts” to misdirect customers to its competing online store.
Watch this episode on the Weintraub YouTube Channel, here.
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In In re: OnePlus Technology (Shenzhen) Co. Ltd., case number 2021-165, the U.S. Court of Appeals for the Federal Circuit validated a possible framework for courts and plaintiffs in patent cases to significantly speed up the process of serving complaints on foreign defendants.
In September 2020, Plaintiff Brazos filed five related patent infringement actions in the United States District Court

In this week’s episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Cleveland Indian’s attempt to rebrand as the Cleveland Guardians, and the complications that arose surrounding the new trademark.
Watch the episode on the Weintraub YouTube Channel, here.
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The Los Angeles Clippers and Intuit have entered into a 23-year naming rights agreement whereby the Clippers have agreed to name their new $1.8 billion arena in Inglewood, California, the Intuit Dome. The arena is currently under construction just south of the new SoFi Stadium and the Hollywood Park development. It is scheduled to open in 2024.
According to the