Disparaging the Disparagement Clause: Simon Tam

Special Thanks to the Berkeley Law chapter of the American Constitution Society for Law and Policy for assistance with … Continue Reading

Trade Secret Triage

Chante Westmoreland (JD Candidate ’18) interviews Tom Counts (Partner, Paul Hastings) and Danielle Decker (Associate, Paul Hastings) after … Continue Reading

The Three-Legged Horse

Chante Westmoreland (JD Candidate ’18) interviews Todd Bontemps from Cooley, and discusses how brands receive trademark protection and how … Continue Reading

The ‘Unamerican’ Rule: Analysis of Shammas v. Focarino and Paying to Play in Trademark Appeals

Introduction When you file a trademark application with the United States Patent and Trademark Office (PTO), the website … Continue Reading

Philip Morris vs. Uruguay: Intellectual Property Debate in International Investment Arbitration

In 2010, three subsidiaries of US-based Altria Group (formerly named Philip Morris Companies Inc.), Switzerland based FTR Holding … Continue Reading

Proving a Likelihood of Confusion Remains an Uphill Battle for Trademark Owners in Keyword Advertising Cases

How confused are you when you search terms and see paid advertising generated as the result of the … Continue Reading

Broad Covenant Not To Sue Does Away With Invalidity Counterclaims In Trademark Litigation

In Already LLC. v. Nike, Inc. the Supreme Court recently held that a broad covenant not to sue hinders defendant’s … Continue Reading

Four Rounds of ICE Domain Name Seizures and Related Controversies and Opposition

The Immigrations and Customs Enforcement (ICE), under the Department of Homeland Security, engaged in another round of domain … Continue Reading

Winter 2010 News Briefs

This month, our team members have been consumed with outlines, papers, and finals, and now the holidays are … Continue Reading

The Anti-Counterfeiting Trade Agreement

The Anti-Counterfeiting Trade Agreement (“ACTA”) has been under negotiation since October 2007. Over the past three years a … Continue Reading