IP Litigation: Copyright & Trademark
Depth of experience and renowned trial skills: our team has what it takes to command the full range of complex, high-stakes copyright and trademark issues. Our practice is far-reaching and diverse, and we have served clients ranging from entrepreneurs to major corporations, from playwrights to media giants, and from individual songwriters to the country's largest performing rights organization.
Judge Richard M. Berman of the Southern District of New York dismissed with prejudice antitrust claims brought against Paul, Weiss client Acumen Brands, Inc., an online western-wear retailer.
The Supreme Court Holds That the Trademark Trial and Appeal Board’s “Likelihood of Confusion” Decisions Are Eligible for Issue Preclusion in Federal Court
- IP Litigation: Copyright & Trademark
- Lynn B. Bayard
- Lewis R. Clayton
- Jay Cohen
- Leslie Gordon Fagen
- Andrew G. Gordon
- Catherine Nyarady
- Hallie S. Goldblatt
On March 24, 2015, the Supreme Court of the United States issued an important decision in B&B Hardware, Inc. v. Hargis Industries, Inc., No. 13-352 (Mar. 24, 2015), holding that a "likelihood of confusion" decision by the Trademark Trial and Appeal Board ("TTAB" or "Board") is binding in a subsequent trademark infringement lawsuit if the ordinary elements of issue preclusion are met and the usages of the mark adjudicated by the TTAB are materially the same as those before the federal court. Although the Court was careful to limit its ruling and noted that issue preclusion would not apply to "a great many [TTAB] registration decisions," the opinion has potentially significant implications for a subset of trademark infringement actions, and it is likely to increase the importance of both TTAB proceedings and judicial review of TTAB decisions.