Tim Kenny (US)

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Supreme Court to Examine the Reach of the Lanham Act to Impose Liability on Conduct Outside of the United States

Sections 32(1)(a) and 43(a)(1)(A) of the Lanham Act impose civil liability on any person who “use[s] in commerce” a trademark in a manner that “is likely to cause confusion, or to cause mistake, or to deceive.”  15 U.S.C. 1114(1)(a); 15 U.S.C. 1125(a)(1). Notably, the Lanham Act defines commerce broadly as “all commerce which may lawfully … Continue reading

Authorization of certain IP-related transactions in Russia

The ink was not even dry on the update regarding Russia-related IP issues that we published last week, when we learned of two more major developments. The USPTO recently issued the following statement on engagement with Russia, the Eurasian Patent Organization and Belarus: Per guidance issued by the U.S. Department of State, the United States Patent and Trademark Office … Continue reading

Key current considerations in handling IP rights in Russia

February 24, 2022, Russian troops poured over the border into Ukraine, unleashing unimaginable human suffering and widespread destruction of property. Russia’s aggression also ignited negative consequences in the international economy that continue to increase and cascade throughout all sectors and corners of the globe. As companies and other entities struggle to navigate the broader macro-economic … Continue reading

Trademarks, Internet sales, and personal jurisdiction

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

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

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

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