Tim Kenny (US)

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Late-night law may have big impact on IP owners

By Tim Kenny (US), Alicia Groos (US), Sean Patrick McGinley (US) and Saul Perloff (US) on December 28, 2020 Posted in Copyright, Trademark

In a last minute effort to avoid a government shutdown, on December 21, 2020 Congress passed the Consolidated Appropriations Act, 2021.… Continue reading

Willfulness not required for profits awards in trademark infringement suits

By Tim Kenny (US), Felicia Boyd (US) and Joy Wang (US) on April 24, 2020 Posted in Trademark

A trademark infringement suit is not required to show willful infringement as a precondition to a disgorgement of the infringers’ profits.… Continue reading

Trademarks, Internet sales, and personal jurisdiction

By Susan Ross (US) and Tim Kenny (US) on March 31, 2020 Posted in Trademark

On February 10, 2020, the Seventh Circuit federal appeals court ruled that an Illinois-based seller of dietary supplements could maintain a federal Lanham Act and Illinois state law claims against a California-based competitor that had only an online presence, and no physical presence in Illinois. (Curry v. Revolution Laboratories, LLC, 949 F,3d 385 (7th Cir. … Continue reading

Brexit: Initial considerations for trademark and design owners

By Clare Jackman (UK) and Tim Kenny (US) on June 24, 2016 Posted in Trademark

Yesterday, Britain voted to leave the European Union. The exit will not happen immediately. It is likely to take at least two years after the process is actually triggered for the transition to be completed. For the time being it is business as usual. There is no immediate loss of Intellectual Property (IP) protection in the UK; … Continue reading

Supreme Court holds TTAB decisions can have preclusive effect in subsequent infringement actions

By Tim Kenny (US) on March 24, 2015 Posted in Trademark

Earlier today, the U.S. Supreme Court issued a landmark trademark decision holding that TTAB rulings on likelihood of confusion can have preclusive effect in subsequent federal court infringement actions. B&B Hardware, Inc. v. Hargis Industries, Inc., No. 13-352, slip op. (U.S. Mar. 24, 2015) We previously reported on the 18-year fight between B&B Hardware and … Continue reading

US Supreme Court will not clarify the split in the circuits on the issue of presumption of irreparable harm in trademark preliminary injunction actions

By Tim Kenny (US) on October 14, 2014 Posted in Trademark

Earlier this year, we wrote about the Ninth Circuit decision in Herb Reed Enterprises, LLC v. Florida Entertainment Management, Inc., in which the Ninth Circuit found that there is no presumption of irreparable harm in trademark preliminary injunction matters and concluded that the plaintiff must demonstrate irreparable harm to obtain a preliminary injunction in a … Continue reading

US Supreme Court to decide what level of deference given to TTAB decisions

By Tim Kenny (US) on July 9, 2014 Posted in Trademark

Recently, the US Supreme Court granted certiorari to hear a case that will determine what level of deference courts will give to Trademark Trial and Appeal Board (“TTAB”) decisions on the likelihood of confusion between trademarks. B&B Hardware, Inc. v. Hargis Industries, Inc., 716 F.3d 1020 (8th Cir. 2013), cert. granted, 2014 US LEXIS 4681, … Continue reading