Although motions to dismiss or transfer a case based on a forum non conveniens theory typically focus on the relative merits of two U.S. jurisdictions, this theory may also be applied when a party claims that a case brought in a U.S. court should instead…
China has been the factory of the world for the past few decades. Countless foreign brand owners have taken advantage of the low-cost manufacturing environment and have flocked to the middle kingdom to source their goods – many of them via contract manufacturing with original…
Hold onto your pom-poms, copyright fans. The U.S. Supreme Court granted certiorari today to address a question that has vexed lower courts across the land: What is the appropriate test to determine when a feature of a useful article is protectable under § 101 of…
In a further development in the yogurt false advertising battle between Dannon and Chobani, the federal district court has rejected Chobani’s request that it reconsider and limit the scope of the injunction it issued in late January. As we blogged about here at The TMCA, the…
Both houses of Congress have now approved a bill (the Defend Trade Secrets Act) that would create a federal civil cause of action for trade secrets misappropriation—a sea change for claims previously subject only to state law. The House of Representatives approved the bill…
While cybersecurity risks have increased, government regulation has traditionally lagged behind. Recently, some government entities have tried to catch up by mandating that companies take a proactive approach toward protecting personal and competitively sensitive data. The move is a departure from the traditional reactive response…
As we noted here last week, the Director of the USPTO filed a petition for writ of certiorari to the U.S. Supreme Court requesting that it review the Federal Circuit’s en banc decision, In re Tam. That decision held Section 2(a) of the Lanham Act…
In two independent and much-anticipated events, separate EU entities took actions which will continue to complicate the ability of US companies to do business in Europe. Privacy Shield Provisions Found Lacking by Working Group 29 First, the EU’s Working Group 29 rejected as inadequate the…
Today, the USPTO made it official: It formally requested the U.S. Supreme Court to review the en banc Federal Circuit decision that held Section 2(a) of the Lanham Act violated the First Amendment. The USPTO’s Petition can be found here. At issue in the case…
A recent precedential Trademark Trial and Appeal Board decision provides valuable guidance on the proper allocation of trademark registration ownership as between a corporate parent and a subsidiary, highlighting the perils of identifying the wrong entity as the owner. A trademark is not required to…
Jeffrey CadwellJeff advises clients on the availability, registrability, and stre...
Michael KeyesJ. Michael Keyes is an intellectual property attorney with exten...
Kaleb McNeelyAs a partner in the Trial Group, Kaleb practices primarily in the ...
Sarah RobertsonSarah has over fifteen years’ experience helping clients prot...
Fara SunderjiFara assists clients in the development and execution of all type...
Charlene KroghCharlene Krogh is a Partner in Dorsey’s top-ranked Tradem...
Evan EveristEvan is a partner in Dorsey’s Trademark, Copyright and Adverti...