Patent Lawyers
We believe great ideas are infectious, exciting and exhilarating. They bring people together. They embolden and inspire. They create passion and loyalty. And they are worth protecting.

Third Circuit rejects copyright presumption in favor of permanent injunctions

After securing a copyright infringement verdict, it should be easier to obtain a permanent injunction against the infringing party, right? Not so in several jurisdictions. The U.S. Court of Appeals for the Third Circuit has now made it harder for copyright holders to get injunctive relief, even after prevailing in court. The plot thickens Vernon Hill, the longtime CEO of Commerce Bank, co-authored a manuscript in 2007, while still a bank employee. He left Commerce a few months before TD Bank purchased it. After Hill published a book in 2012, TD Bank sued him, alleging that he had infringed the never-published manuscript he’d co-authored while still at Commerce. The trial court found that the bank owned the copyright under a letter of agreement and that Hill’s book irreparably violated the bank’s “right to not use the copyright.” A year later, based on evidence that Hill continued to promote his book, the court issued a permanent

Actual consumer confusion irrelevant in trademark profits determination

It’s easy to understand why willful infringement deserves a harsher punishment than nonwillful infringement. But it’s not always so easy to understand the type of conduct that gives rise to the level of “willful.” The U.S. Court of Appeals for the Second Circuit has provided some helpful guidance on this issue, as well as the evidence required to justify an award of the infringer’s profits.

COVID-19 Patent Office Status and Updates

Patterson Thuente is closely monitoring the COVID-19 situation. The health and safety of our community are our top priority. The Patterson Thuente team has policies and systems in place that will enable us to continue to serve our clients. We are updating this page regularly to keep you informed with respect to ways in which patent offices around the world are responding to the situation and any assistance they are offering to their customers.

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