Article on the most recent developments in European Trade Mark Law for preventing cross-border trade mark grabbing. The article outlines the current state of play in Europe on when right owners are able to invalidate bad faith trade mark applications on the grounds of earlier use. It discusses...

Major crises like the ongoing and future one connected to the SARS-CoV-2 virus have a way of exposing current public-policy approaches as being woefully inefficient and insufficient at accomplishing their stated aims. While programs connected to public health and the economy will receive the...

The International Trade Commission (ITC) has power under Section 337 of the Tariff Act to investigate goods that are being imported unfairly and are affecting a domestic industry. One type of unfair import is a good that violates U.S. intellectual property rights, including patents. Section 337...

There is a growing body of literature discussing the proper role of diversity, equity, and inclusion efforts by and within public firms. A combination of forces brought renewed energy to this topic over the past few years. The #MeToo movement demonstrated a whole host of inequities faced by...

As is typical of a Breyer opinion, Unicolors v. H&M—the only IP decision this Term—illuminates the distinction between mistakes of fact and of law and explains the reasoning by virtue of a brief hypothetical. Imagine someone (named John) who sees a flash of red in a tree and blurts out,...

The digitalisation of markets and the economy has brought new challenges to public enforcement since the same company behaviour can fall within the competence of different authorities (e.g. competition, data protection and consumer authorities). When different authorities intervene...

Not all code is created equal—at least not in the majority’s view in Google v. Oracle, handed down on April 5th. In this landmark 6-2 decision, the Supreme Court held that Google’s verbatim reproduction of approximately 11,500 lines of computer programming code from Oracle’s Java library...

Voters use ballots to choose their preferred candidates or to express support or opposition to ballot initiatives and referenda. There are many and diverse rules for how these people or items appear on the ballot in the first place—who can obtain “ballot access.” Once states began printing...

Distilled to its most basic sense, § 363(k) has always given secured creditor the right “credit bid,” or to use, up to the full amount of the debt owed to the secured creditor by the debtor, as currency in any sale of the collateral securing the debt owed to that claimant under § 363(b)...