LexisNexis® Legal Newsroom
States entitled to sovereign immunity on Lanham Act claims for trademark infringement and false designation of origin - Univ. of Wis. v. Phoenix Int'l Software (7th Cir., Dec. 28, 2010)

Recently, the Seventh Circuit answered the following question in the negative: Is the Trademark Remedy Clarification Act (TRCA) a valid exercise of Congress's Fourteenth Amendment power to regulate state behavior? In Bd. of Regents of the Univ. of Wis. Sys. v. Phoenix Int'l Software, Inc. ...

Ballard Spahr LLP: 7th Circuit Ruling Affects State, State University Challenges and Appeals of TTAB Decisions

By Robert R. Baron, Jr. , Katrina M. Quicker and Andrew M. Stern A recent decision by the U.S. Court of Appeals for the Seventh Circuit has changed the calculus used by states and state universities when deciding how to challenge and appeal a determination by the Trademark Trial and Appeal...

UMass’ Sovereign Immunity / Subject Matter Jurisdiction Argument Fails in RNA Patent Dispute with University of Utah

University of Utah Requests Order Requiring Correction of Inventorship Last week, the District of Massachusetts rejected a motion to dismiss the University of Utah's (UUtah) RNA patent complaint against state officials at the University of Massachusetts (UMass) and other research institutes...

University of Arizona Immune to Counterclaims in Ansel Adams Trademark Case

Last week, the 9th Circuit found the University of Arizona immune to counterclaims filed by trademark defendants accused of wrongfully selling prints called "Ansel Adams Lost Negatives." Ansel Adams Publ Rights Trust v. PRS Media Partners, LLC , 2012 U.S. App. LEXIS 25896 (9th Cir. Cal. Dec...