Intellectual Property litigation partner Larry Brocchini will be one of several attorneys representing Fossil, Inc. and Macy’s, Inc. in a matter to be briefed and argued before the United States Supreme Court when the Court reconvenes in the fall of 2019. The issue before the Supreme Court is the interpretation...
Just prior to adjourning for its summer recess, the United States Supreme Court ruled that First Amendment free speech considerations required the United States Patent and Trademark Office (“PTO”) to register the trademark “FUCT.” The “FUCT” case is the second in three years contesting federal trademark registration content restrictions. In...
In Lamps Plus, Inc. v. Varela, the U.S. Supreme Court, in a 5-4 decision, has affirmed its long-standing support for permitting businesses to enforce mandatory arbitration provisions with their customers and employees, and to avoid any class determination of claims. The decision is not a sea change in the law...
The Supreme Court today agreed to hear three cases on the issue of whether gay and transgender workers are protected under the federal anti-discrimination laws. As noted in a prior post, in Zarda v. Altitude Express, Inc., the en banc Second Circuit Court of Appeals (which covers New York) recently...
The U.S. Supreme Court has now ruled that a copyright owner can only file a complaint for copyright infringement after the Copyright Office has registered the work at issue, putting an end to a split among the federal circuit appellate courts on that issue. As I previously reported, while the...
As an update of my reporting concerning the United States Patent and Trademark Office’s controversial policy of seeking to recover attorneys’ fees in connection with district court review of denials of trademark and patent applications, the Supreme Court today granted the petition for certiorari in Iancu v. Nantkwest and agreed...
In a rare, but limited, win for employees on the issue of arbitration of employment disputes, a unanimous Supreme Court today ruled in New Prime Inc. v. Oliveira that trucking company New Prime Inc. cannot compel arbitration under the Federal Arbitration Act (FAA) in a class action alleging failure to...
As an update of my report from last month on the circuit split on the issue of the recovery of the United States Patent and Trademark Office’s attorneys’ fees in connection with district court review of denials of trademark and patent applications, the PTO Director filed a petition for certiorari...
Trademark and patent applicants and practitioners have grown used to (and weary of) ever-increasing Patent and Trademark Office [PTO] fees, particularly since Congress mandated that the PTO’s operations be self-funded. But, even the most cynical PTO practitioner might be surprised at the ingenuity of the PTO Director’s latest revenue generating...
As companies increasingly strive to improve diversity in their workforce, employers are implementing various tactics in an attempt to make these goals a reality. One recent trend has been tying manager performance reviews and bonuses to achievements in diversity hiring. While such policies may be an effective method for companies...