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What Trademark Lawyers Need to Know about the Supreme Court's Patent Jurisprudence - the Effect of MedImmune and eBay on Trademark Litigation |
July 20, 2009
Previously published on April 2009
Many trademark lawyers practice only trademark law. Although some also dabble in copyright law, many do not also practice patent law. Given the difficulty of just keeping up with new developments in trademark law, most trademark lawyers understandably do not have the luxury of also keeping abreast of the latest decisions in patent cases. However, decisions in trademark cases are sometimes influenced by decisions in other areas of intellectual property law, including patent law. So trademark lawyers beware - what may seem like just another patent case could indeed influence future trademark cases. This article explains how two recent Supreme Court decisions in patent cases - MedImmune and eBay - have had a direct impact on trademark law in terms of declaratory-judgment jurisdiction and permanent injunctions.
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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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