Third Circuit Eliminates Presumption of Irreparable Harm in Trademark Cases


With its recent opinion in Ferring Pharms., Inc. v. Watson Pharms., Inc ., 765 F.3d 205 (3rd Cir. 2014), the Third Circuit eliminated the presumption of irreparable harm for Lanham Act plaintiffs seeking injunctive relief.  The decision reversed longstanding precedent that provided plaintiffs with a presumption of irreparable harm and extends the Supreme Court's ruling in eBay v. MercExchange, LLC, 547 U.S. 403 (2006).  It also significantly raises the bar for plaintiffs to obtain injunctive relief by requiring them to...
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The Bluebook and Baby Blue – Two Approaches to Copyright and Legal Citation


Every law student in America is familiar with “The Bluebook: A Uniform System of Citation.”  Produced by the Harvard Law Review Association, this manual establishes the arcane citation rules attorneys must use when filing documents in court.  Although Harvard (along with Columbia, Yale, and the University of Pennsylvania) insists the entire manual and method of citation is protected by copyright, the Engelberg Center on Innovation Law and Policy at New York University begs to differ.  While the argument up...
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The New Space Race – SpaceX Takes on Blue Origin


Space Exploration Technologies (SpaceX) and Blue Origin have been competing in the commercial rocket industry for over a decade, with each focusing on developing reuseable Vertical Takeoff and Vertical Landing (VTVL) vehicles.  As Elon Musk of Tesla Automotive fame and Jeff Bezos, Amazon’s founder, continue to battle it out for government contracts, the world of patent inter partes review has become the new arena. In March of this year, the United States Patent and Trademark Office granted Blue Origin a patent on the sea...
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Does Your Company or Law Firm Have a Plan on How to Respond to Data Breaches?


Popular retail giant, Home Depot, Inc. (“Home Depot”), fell victim to the latest round of cybersecurity attacks with experts fearing that more than 40 million payment cards might have been compromised.  If confirmed, this number would make Home Depot’s breach more disastrous than the attack that befell Target Corporation last year.  The breach came to public light on September 2, 2014 and by September 4th, a class action lawsuit had already been filed in the United States District Court for the Northern...
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ALS Association Withdraws Trademark Applications for “Ice Bucket Challenge”


By now you have more than likely seen videos depicting or may have at  least heard about the “ice bucket challenge.” If not, the “ice bucket challenge” refers to a viral social media phenomenon where countless people and several celebrities have recorded themselves dumping icy water on their heads as a means of raising awareness and funds to fight amyotrophic lateral sclerosis (“ALS”), commonly referred to as Lou Gehrig’s disease, which affects the brain and spinal cord.  The...
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Johnny Football files trademark application for "Johnny Cleveland"


Although Cleveland Browns quarterback Johnny Manziel may not lead the NFL in passing yards at the end of this season, he will likely lead the league in trademark applications.  A few weeks prior to the start of the 2014 season, Manziel's company, JMAN2 Enterprises, LLC, filed its 10th trademark application, this time for "Johnny Cleveland".  Other applications include "JFF", "JMAN", "ManzIIiel", and the one that started it all, "Johnny Football".   But Manziel isn't the only one trying to trademark "Johnny Cleveland"....
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Eastern District of Texas: A Popular Place to Be


Despite a decline of 10 percent in patent litigation filings across the country, the Eastern District of Texas is more popular than ever.  With 912 lawsuits filed in the first half of 2014, the Eastern District of Texas saw a 26 percent increase in patent lawsuits being filed.   Almost half of these cases were filed by ten plaintiffs.  The busiest judge, with more than 860 open patent cases, is Judge Gilstrap in Marshall. Although still popular among plaintiffs, the Eastern District of Texas appears –...
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