Publications
Irwin IP Publications is the go-to resource for the latest updates and insights in the world of intellectual property. Over 250 articles are published on cases addressing unique issues, all of which can be found using the search tool above. Additionally, there is a collection of articles/papers and presentations that cover a wide range of topics. Whether you’re a legal professional, business owner, or simply someone passionate about IP, our publications page will provide you with all the knowledge needed to navigate this dynamic field.
- November 16, 2023
In a pivotal decision that could expand copyright protection in the digital media world, the United States Court of Appeals for the Ninth Circuit reversed and remanded the district court’s dismissal of world-renowned choreographer Kyle Hanagami’s complaint alleging Epic Games, Inc. infringes part of Hanagami’s dance that is registered…
- November 13, 2023
The consequences of pushing zealous advocacy beyond reasonable limits can be severe. A recent Federal Circuit decision illustrates just how severe: in In re PersonalWeb Techs, a three-judge panel affirmed a $5.2 million attorneys’ fee award to the alleged infringer after over a decade of patent infringement litigation. The…
- November 7, 2023
On October 17, 2023, the Third Circuit held that Janssen Products, L.P. and Pharma Mar, S.A. (“Janssen”) could not immediately appeal the denial of its ex parte seizure application requesting the District Court of New Jersey (“District Court”) to seize various property. In doing so, the Third Circuit found…
- October 31, 2023
Challenging years of perceived overreach, the Court of Appeals for the Federal Circuit (CAFC) recently questioned whether the Trademark Office had been operating beyond its sanctioned powers for years. After a trademark has been registered for five years, the owner can file a Declaration of Incontestability, providing robust protection…
- October 25, 2023
Nothing can stop Fat Joe, he’s all the way up…except perhaps, the Second Circuit. On October 17, the Second Circuit overruled the S.D.N.Y.’s dismissal of a songwriter’s authorship claim to Fat Joe’s “All the Way Up” before any discovery could take place, based solely on the defendants’ assertion that…
- October 17, 2023
When an organization publicly disavows a trademark, does it turn over the mark to the public domain? Regarding the “Chief Illiniwek” Logo (“Chief Logo”), the Northern District of Illinois punted by denying Vintage Brand LLC and Sportswear Inc.’s (collectively, “Defendants”) motion for summary judgement that the mark was abandoned. …
- October 5, 2023
This week, the U.S. District Court for the Southern District of New York dismissed Liberty Tax Services’ suit alleging trademark and trade dress infringement, trademark dilution, and defamation against AMC for AMC’s use of “Sweet Liberty Tax Services” (“SLTS”) in Season 6 of “Better Call Saul.” In Season 1,…
- September 29, 2023
After first granting a request for an interim stay of an injunction entered against Evenflo Co. Inc. for selling certain car seats which were found to infringe patents owned by Wonderland Switzerland AG, the Federal Circuit later removed that interim stay as to one patent. The district court’s granting…
- September 27, 2023
In a motion to dismiss before the Central District of California, District Judge Garnett made clear that personal jurisdiction stands for the foreign affiliate when the foreign affiliate is merely an “alter ego” of their domestic partner. The Central District considered a motion to dismiss for lack of jurisdiction…
- September 15, 2023
Choose your trade dress carefully, if the design as a whole has any function, your trade dress may be invalid. On September 7, 2023, the Third Circuit held that a candy’s trade dress consisting of a wedge shape with red, white, and green colors was functional because the combination…
- September 11, 2023
In a recent decision, the Court of Appeals for the Federal Circuit (“CAFC”) resolved district court splits regarding obviousness-type double patenting (“ODP”) by holding that ODP is still a valid challenge to patent validity and that the application of ODP is not dependent on intent of the patentee. ODP…
- September 1, 2023
The U.S. District Court for the District of Columbia affirmed the Copyright Office’s denial of a copyright registration for a work of art created by an artificial intelligence (AI) computer system. Plaintiff Stephen Thaler sought to register a copyright based on visual art his computer system created, and the…
- August 14, 2023
Addressing not one but three matters of first impression, the Ninth Circuit held that willful blindness giving rise to contributory trademark infringement requires a defendant to have specific knowledge of specific infringers or acts of infringement and without specific knowledge there is not a duty to search whether third…
- August 8, 2023
On remand from the Sixth Circuit, the Eastern District of Michigan (“District Court”) declined FCA US LLC’s (“Jeep”) motion to enjoin importation of rival automaker Mahindra’s post-2020 ROXOR utility terrain vehicle (“UTV”). The Sixth Circuit had reversed the District Court for failing to analyze the factors for applying the…
- July 31, 2023
Be cautious when deciding whether to do business in a state in a way that requires you to register in that state; you may be consenting to general personal jurisdiction in that new state by doing so. On June 27, 2023, the Supreme Court held that Pennsylvania’s consent statute—which…
- July 25, 2023
By choosing to ‘embed’ social media posts, BuzzFeed News and Time avoided copyright liability due to unauthorized display of two photographers’ Instagram content. Embedding occurs when a website links to content from another website to display on the site, without re-storing the content. In Hunley v. Instagram, the Ninth…
- July 17, 2023
Who owns the trademark to a subreddit name? This week, the United States District Court for the Northern District of California (the “Court”) considered the issue in an opinion dismissing each of Plaintiff Jaime Rogozinski’s (“Rogozinski”) eight claims against Reddit, comprising four federal trademark claims and four state law…
- July 12, 2023
The Court of Appeals for the Federal Circuit (“CAFC”) recently revived a patent infringement suit dismissed in the Western District of Wisconsin brought by Inguran, LLC (“Inguran”) against ABS Global, Inc. (“ABS”). The CAFC held that Inguran was not barred by claim preclusion from asserting claims of induced infringement…
- July 5, 2023
The Supreme Court decided the extraterritorial reach of two provisions of the Lanham Act prohibiting trademark infringement. Abitron appealed the Tenth Circuit’s decision that the Lanham Act extended to Abitron’s foreign infringing conduct. The Supreme Court vacated and remanded the decision, explaining that the provisions of the Lanham Act…