Intellectual property measures included in a government spending bill that the U.S. Congress recently passed could impact trademark and copyright law. The bill includes the Trademark Modernization Act, which makes two major changes that will reshape how trademark cases are litigated while also allowing existing marks to be targeted for revocation.
In a Law360 article, IP litigation partner Peter Brody (Washington, D.C.) explains that there was disarray and confusion in the lower courts about how and when you can prove that you're entitled to an injunction in a trademark case. Peter notes the bill means that all courts will now have to use the same standard to make decisions on trademark injunctions, as well as false advertising and cybersquatting cases.
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