Heitner Legal
We have recently gone over the test for attorney’s fees in copyright infringement cases. As a refresher, under 17 U.S. Code § 505 the prevailing party in a copyright infringement case may be entitled to an award of its reasonable attorney’s fees, and the court will look at relevant factors such as: (1) whether the claim was frivolous; (2) the party’s motivation; […]
A trademark applicant earns a mulligan on its application to register a golf-related mark. The ex-parte appeal was brought by Driven Golf, Inc., which had originally suffered a defeat when the U.S. Patent and Trademark Office examining attorney assigned to its application determined there to be a likelihood of confusion with another mark that was […]
The natural zone of expansion doctrine is a special rule that can apply in the realm of trademark law. It comes up from time-to-time when two parties have separate claims of priority within a class of goods and services. When an individual or corporate entity files a trademark application, the application must specify the categories […]
Yesterday, we summarized three lawsuits initiated by Donald J. Trump for President, Inc. in Michigan, Pennsylvania, and Georgia, as well as the campaign’s attempt to intervene in the pending U.S. Supreme Court case that concerns the Pennsylvania Supreme Court previously granting a three-day extension for receiving mail-in ballots. Here is a brief update on the […]
Two days after the 2020 Election there is still no announced winner of the presidency. As ballots continue to be counted, the Trump Campaign has become involved in litigation in three states (Michigan, Georgia and Pennsylvania) and asked to be joined to a pending U.S. Supreme Court lawsuit that concerns mail-in ballots. Trump’s Lawsuit in […]
Jack Black and Tony Hawk are among the defendants in a new copyright infringement, unjust enrichment, and unfair competition lawsuit initiated by a California man named Wesley Humpston. The Complaint, filed in the U.S. District Court for the Central District of California is based on Humpston, who has apparently earned the reputation as “The Godfather […]
It’s Tua Time. Former Alabama quarterback Tua Tagovailoa will make his National Football League starting debut today as the Miami Dolphins take on the Los Angeles Rams. Does that mean it is also time to try to lock up valuable intellectual property surrounding the future of the Dolphins franchise? Unless you are actually Tagovailoa, you […]
The National Football League had its first outbreak of Covid-19 going into Week 4 of the league’s 2020 Season. Within a week, the Tennessee Titans had twenty organizational members tested positive for the Virus. It was also revealed that star Quarterback and former NFL Most Valuable Player, Cam Newton, from the New England Patriots tested […]
Under 17 U.S. Code § 505 the prevailing party in a copyright infringement case may be entitled to an award of its reasonable attorney’s fees. It is not an absolute right but, instead, the court must make a case-by-case assessment and look at various relevant factors such as: (1) whether the claim was frivolous; (2) the party’s motivation; (3) […]
How important is a website’s About page when a court is analyzing claims for false advertising and deceptive practices under the Lanham Act? An order from the U.S. District Court for the Southern District of New York in the case of Casper Sleep, Inc. v. Nectar Brand LLC, et al. provides an answer to the […]