The world was a much smaller place in 1946 when Congress passed the Lanham Act, the legal framework for U.S. trademark protection. Last week, the Supreme Court decided the Lanham Act is applicable almost exclusively to infringement on U.S. soil. Companies that expect to rely on Lanham to protect foreign trademark violations through U.S. lawsuits are well-advised to come up with another plan. Until Congress updates the code. Led by Sonia Sotomayor, four justices said it was appropriate to adopt a broader standard “when there is a likelihood of consumer confusion in the United States.” Continue reading SCOTUS Limits Enforcement of Foreign Trademark Violations

In a 6-2 ruling, the U.S. Supreme Court took Google’s side in a copyright battle with Oracle over the former’s use of Java APIs in its Android operating system. Oracle, which had purchased Java in 2010 when it bought Sun Microsystems, sought billions of dollars in damages for what it claimed was copyright infringement. Google argued that free access to the Java software interfaces was important to innovation. Writing for the majority, Justice Stephen Breyer said that Google made “fair use” of the Java code. Continue reading Supreme Court: Google Engaged in Fair Use of Java Code

The Supreme Court just heard a multi-billion-dollar case regarding Google and Oracle’s long-running battle over smartphone software that some have called “the copyright case of the decade.” Google v. Oracle America, Case No. 18-956, is scrutinizing Google’s reliance on 11,000 lines of Java code in its Android operating system. Oracle acquired Java in 2010 when it bought Sun Microsystems and accuses Google’s use without permission as tantamount to copyright infringement. Google argues it is “fair use.” Continue reading Supreme Court Weighs Future of Software in Copyright Case

The Supreme Court has ruled that police need a search warrant to obtain data showing the location of cell phone users. Similar to rulings made in 2012 and 2014, the Supreme Court rejected the argument that police should have the same access as investigators do in order to examine business records held in banks or conduct physical surveillance. The ruling stated the “world of difference” between 1970s decisions allowing the limited personal information obtained in accessing business records and today’s digital records. Continue reading Court Rules Police Need a Warrant for Phone Location Data

The Supreme Court ruled in a 5-4 vote that states have the authority to collect sales taxes from online retailers, even if they don’t have a physical presence in the state. In doing so, the justices closed a loophole that helped Internet sales to grow and also overturned 50 years of its own precedents that banned states from collecting sales tax from companies without such physical presence. The decision did not follow typical ideological decisions, with liberal justice Ruth Bader Ginsburg joining conservative justices. Continue reading Supreme Court Lets States Collect Sales Tax From E-Tailers

The U.S. Supreme Court, in a 6-3 opinion written by Justice Samuel Alito, struck down the 1992 Professional and Amateur Sports Protection Act (PASPA), a federal law stipulating that states could not “sponsor, operate, advertise, promote, license, or authorize” sports gambling. The ruling, which sided with a challenge brought by New Jersey, now opens the door for states to allow legal gambling, upending an over-25 year ban. The major sports leagues have responded positively and enthusiastically to the new status quo. Continue reading U.S. Supreme Court Rules States Can Allow Sports Gambling