Christina Moser

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SCOTUS Holds that ‘generic.com’ Trademarks Like Booking.com May Be Capable of Registration

By Deborah A. Wilcox and Christina Moser on June 30, 2020 Posted in Trademark

Today, the Supreme Court issued its opinion in the trademark registration case United States Patent and Trademark Office v. Booking.com B.V., holding “A term styled ‘generic.com’ is a generic name for a class of goods or services only if the term has that meaning to consumers.” Justice Ginsburg delivered the majority opinion, in which justices … Continue Reading

SCOTUS Livestreams Oral Arguments on BOOKING.COM Trademark Registerability

By Deborah A. Wilcox and Christina Moser on May 5, 2020 Posted in Trademark

On Monday, we listened in real time to the livestreamed Supreme Court oral arguments in the trademark registration case United States Patent and Trademark Office v. Booking.com B.V. Because of COVID-19, the arguments were done telephonically, but with the added twist of a live broadcast. The event itself was remarkable, considering the impact of the … Continue Reading

‘No One Can Own the Law’: Supreme Court Holds Annotations to State Statutes Are Not Protected by Copyright

By Christina Moser and Lesley Grossberg on May 1, 2020 Posted in Copyright, Copyright Infringement, Federal Circuit

The Supreme Court issued a 5-4 decision on April 27, 2020, in Georgia v. Public.Resource.Org, upholding the Eleventh Circuit’s ruling that the Official Code of Georgia Annotated (OCGA) is not entitled to copyright protection. The majority’s decision found that the OCGA falls under the “government edicts” doctrine: “government officials empowered to speak with the force … Continue Reading

Invoking Equity in the Time of COVID-19

By Christina Moser on March 31, 2020 Posted in Patent

Talk about bad timing. On Friday, March 6, 2020, non-practicing patent holding company Labrador Diagnostics formed in Delaware and obtained a patent portfolio directed to testing patients for the presences of coronavirus—when the United States had 282 cases. Three days later, Labrador Diagnostics decided to file a lawsuit seeking damages and injunctive relief against a … Continue Reading

Session not Season

By Christina Moser on September 20, 2019 Posted in Trademark

When the Supreme Court opens its new session on Oct. 7, one of the cases it will determine, Romag Fasteners, Inc. v. Fossil, Inc., et al. Case No. 2018-2417, is expected to resolve a stark difference among circuits over when a trademark owner is entitled to disgorgement of an infringer’s profits due to an infringing … Continue Reading

Supreme Court Clarifies Meaning of ‘Full Costs’ in Section 505 of Copyright Act

By Christina Moser and Cory Barnes on March 29, 2019 Posted in Copyright, Copyright Act

In Rimini Street, Inc. v. Oracle USA, Inc.,[1] a unanimous Supreme Court recently held that 17 U.S.C. § 505’s award of “full costs” is limited to the specific categories of costs defined in 28 U.S.C. §§ 1821 and 1920, which exclude expert witness fees, e-discovery expenses and jury consultant fees. “A statute awarding ‘costs’ will … Continue Reading