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The Trade of the Marks: How Will the Supreme Court Decide the Right of a Licensee to Use Trademarks Post-Rejection in Bankruptcy
The intersection between intellectual property (IP) law and bankruptcy law has gained prominence lately in both legal fields. There is currently a case pending in the Supreme Court involving IP rights in bankruptcy.


Fortnite Litigation Battle Royale: Will Copyright Infringement Claims Against Game Creator for the Unauthorized Use of Dance Moves Survive?
Three celebrity entertainers, Alfonso Ribeiro (better known as Carlton from “The Fresh Prince of Bel-Air”), rapper 2 Milly, and Backpack Kid, filed federal lawsuits against videogame creator, Epic Games, for the unauthorized use of their originally created dances and likenesses within the massively popular videogame Fortnite
Preventing Trade Secrets Theft Under the Defend Trade Secrets Act
In 2016, Congress passed the Defend Trade Secrets Act of 2016 (DTSA), an amendment to the Economic Espionage Act of 1996.
Fashion Wars: Protecting Trends from Ubiquity in US Courts
Throughout history, fashion trends have reflected social attitudes toward class status, wealth, power, and sexual identity.
The Supreme Court Turns Its Attention to Auer Deference
On Dec. 10, 2018, the Supreme Court granted certiorari in Kisor v. Wilkie.1 All judges and lawyers who interact with the administrative state directly or on behalf of clients should pay attention to its resolution.
Will Rejection of a Trademark License by a Bankrupt Licensor Bar the Non-debtor Licensee From Continuing to Use the Mark
By the time you read this, the Supreme Court of the United States will have heard argument in Mission Product Holdings Inc. v. Tempnology LLC, in which the Court is expected to decide whether the rejection of a trademark license agreement by a debtor-licensor bars the non-debtor licensee from continuing to use the mark.
How IPRs Became Key Tools in Patent Disputes
The 2011 Leahy-Smith America Invents Act (AIA) created new administrative post-grant proceedings in the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) for third parties to challenge a patent’s validity.
Business As Usual After Berkheimer?
Roughly one year ago, the Federal Circuit’s decision in Berkheimer v. HP Inc