U.S. Court of Appeals for the Federal Circuit Upholds Major Trade Secrets and Contract Damages Award in Lawsuit Stemming from Failed Merger Talks

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A recent decision by the U.S. Court of Appeals for the Federal Circuit in the case of AMS-OSRAM USA Inc. v. Renesas Electronics America Inc. offers valuable lessons that can arise from failed merger transactions, and in particular liabilities that can arise when a party breaches its contractual confidentiality obligations. In particular, the case highlights …Read more

Fourth Circuit Court of Appeal’s Decision Finds that Likelihood of Confusion in a Trademark Case Depends on Much More than Geography

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In Westmont Living, Inc. v. Retirement Unlimited, Inc., the U.S. Court of Appeal for the Fourth Circuit vacated a judgment of the Federal District Court for the Eastern District of Virginia because the lower court did not address the parties’ competitive marketing, the locations from which they solicit and draw their customers, the scope of …Read more

Best Practices for Your Company to Protect and Preserve its Trademark’s Strength Through Proper Use

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This is the ninth blog in Finkel Law Group’s ongoing trademark law series. Previous blogs have explored how to secure, register and enforce trademark rights through cease and desist letters, litigation, and administrative proceedings. This blog shifts focus to a foundational yet often overlooked aspect of trademark protection: How your company’s use of its mark—in …Read more

Enforcing Your Company’s Trademark Rights: Opposition and Cancellation Proceedings

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This blog is the eighth in a series that Finkel Law Group is publishing to provide our readers with a broad overview of trademark law in the United States.  Protecting your company’s trademarks doesn’t always require litigation in federal court.  The U.S. Trademark Office provides an administrative process for challenging pending trademark applications and existing …Read more

United States Supreme Court Addresses Corporate Separateness and Defendant’s Profits Under the Federal Lanham Act for Trademark Infringement

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On February 26, 2025, the United States Supreme Court issued its opinion in Dewberry Group, Inc v. Dewberry Engineers, Inc.  In doing so the Court reaffirmed the legal protections afforded to separately formed, organized and governed corporations.  The case raised the question of whether a court could order disgorgement of profits for trademark infringement from …Read more

Enforcing Your Company’s Trademark Rights: Remedies for Infringement and Principal Defenses to Infringement Claims

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This blog is the seventh in a series that Finkel Law Group is publishing to provide our readers with a broad overview of trademark law in the United States.  Once a trademark owner initiates an infringement claim, understanding the potential remedies and defenses is critical.  Remedies for trademark infringement can include injunctive relief, monetary damages, …Read more

Enforcing Your Company’s Trademark Rights: Infringement Litigation

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This blog is the sixth in a series that Finkel Law Group is publishing to provide our readers with a broad overview of trademark law in the United States.  In the United States, to maintain your legal rights in your trademarks, you must be diligent in protecting your marks by taking appropriate enforcement action against …Read more

Trade Secret Litigation: What Your Business Needs to Know to Protect its Valuable Trade Secrets

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In the digital age in which we live and work and conduct business, the protection of trade secrets has become a pressing concern for companies operating across all sectors of the global economy and in jurisdictions around the world. Whether it’s proprietary algorithms, client lists, product formulas or specialized manufacturing processes, trade secrets are often …Read more

Copyright Ownership of Generative AI Work Product In Major International Jurisdictions

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Generative artificial intelligence (AI) tools can produce a vast range of new content in a remarkably short period of time.  The output may include software code, text, audio, images and video.  For business owners like you the speed with which AI produces rems of work product in response to a user prompt is simply breathtaking, …Read more