Articles

Law schools help draw blueprints to migrating courts online

Examining a witness online made Sarah Kelly a little disconcerted. The Indiana University Maurer School of Law student was part of the patent trial class that spends an entire semester preparing a patent case then culminates in a mock trial. Typically the pseudo litigation takes place in a courtroom before a jury and real judge, but this year the COVID-19 emergency pushed the courtroom battle online.

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Lindman: Trademarks in the Supreme Court: 2019-2020

One could assume that significant issues in federal trademark law were decided long ago; yet, the Supreme Court issued two trademark decisions in 2019 that fundamentally impact trademark protection and has granted certiorari in three trademark cases for the 2019-2020 term.

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Willful wrong? SCOTUS to resolve circuit split on profits

Among the circuit courts of appeal, there is an even split between the 1st, 2nd, 8th, 9th, 10th and Washington, D.C., circuits and the 3rd, 4th, 5th, 6th, 7th and 11th over whether the Lanham Act requires “willful” infringement before a plaintiff can recover profits. The United States Supreme Court is set to bring clarity to the circuit split when it hears arguments in Romag Fasteners Inc. v. Fossil Inc., 18-1233, next month.

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