Archives: Infringement

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Sis Boom Bah? Cheerleading Uniforms and Copyright Protection—Star Athletica Case Decided!

Can a cheerleader uniform containing combinations of elements like chevrons, lines, stripes, and angles be protected by copyright? Well, the Supreme Court addressed this exact issue on March 22, 2017, in the case of Star Athletica, L.L.C. v. Varsity Brands, Inc. And, ta da, the answer is yes where a design feature of a useful article … Continue Reading

Confusion over Initial Interest Confusion: Multi Time Machine v. Amazon.com

Multi Time Machine (“MTM”) sued Amazon.com for trademark infringement, claiming that when potential customers searched for MTM products on Amazon.com’s website, search results appeared for other products as Amazon.com does not sell MTM products. MTM claimed that this created “initial interest confusion” such that, although the potential customer was looking for an MTM watch, it … Continue Reading

U.S. Supreme Court Relaxes Standard for Recouping Attorney Fees in Patent Infringement Cases

In a move that may anticipate proposed reforms in Congress, the U.S. Supreme Court decided a pair of cases that will make it decidedly easier for prevailing parties in patent infringement lawsuits to recoup their attorney fees. The cases address the attorney fee-shifting provision of 35 U.S.C. § 285, which states only: “The court in … Continue Reading

Corporate Officers May Be Personally Liable for Corporate IP Infringement

A federal district court in Illinois recently determined that corporate officers could be personally liable for corporate intellectual property infringement: “When corporate officers are in control of the decisions of the corporation at all times…they may be liable for the intellectual property infringements of the corporation.” In this Memorandum Opinion and Order, the court denied the defendants’ … Continue Reading
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