Sarah Bro
Subscribe to Sarah Bro's PostsSarah Bro is the office managing partner for the Firm’s Orange County office. She focuses her practice on trademark prosecution, enforcement and brand portfolio management, as well as licensing, due diligence, copyright, right of publicity and domain name matters. Read Sarah Bro's full bio.
What’s the Deal with Comedians?: Too Late for Copyright Claim against Seinfeld
By Sarah Bro on May 19, 2020
Posted In Copyrights
In a non-precedential ruling by summary order, the US Court of Appeals for the Second Circuit affirmed the dismissal of a copyright infringement lawsuit filed against famed comedian Jerry Seinfeld, finding that the defendant’s claims, which accrued in 2012, were time-barred. Christian Charles v. Jerry Seinfeld, et al., Case No. 19-3335 (2d Cir. May 7,...
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Don’t SULKA: Trademark Plaintiff Must Demonstrate Intent, Ability to Use Mark
By Sarah Bro on May 14, 2020
Posted In Trademarks
The US Court of Appeals for the Second Circuit affirmed the dismissal of a complaint seeking a declaration of trademark abandonment, finding that the plaintiff (the co-owner of an online business that sells to customers in India and Thailand) was unable to demonstrate a case or controversy absent evidence that he was prepared to immediately...
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CBD Products in the Time of COVID-19: Best Practices for Making Your (Trade)mark
By Sarah Bro on May 4, 2020
Posted In Trademarks
In the midst of an unprecedented and unsettling global pandemic, one constant remains: certain entrepreneurial-minded folks will not miss the opportunity to file trademark applications for new “brands” that align with the latest news cycle. COVID-19 is no different. The United States Patent and Trademark Office (USPTO) has experienced a swell of new US trademark...
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Supreme Court: Profit Disgorgement Available Remedy for Trademark Infringement, Willful or Not
By Sarah Bro on Apr 30, 2020
Posted In Trademarks
Resolving a split among the circuits regarding whether proof of willfulness is necessary for an award of a trademark infringer’s profits, the Supreme Court of the United States issued a unanimous decision holding that the plain language of the Lanham Act has never required a showing of willful infringement in order to obtain a profits...
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11th Circuit Tells Guitar Maker to Take a [Pantera] Walk on Delayed Copyright Claims
By Sarah Bro on Apr 30, 2020
Posted In Copyrights
Affirming a summary judgment in favor of defendant, the US Court of Appeals for the Eleventh Circuit determined that a copyright infringement lawsuit pertaining to the graphic design on a guitar made famous by a late heavy metal guitarist, was time-barred because the plaintiff’s copyright infringement claim was actually a claim of copyright ownership over...
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Federal Circuit Confirms Color Marks of Certain “Character” Can Be Inherently Distinctive for Product Packaging
By Sarah Bro on Apr 15, 2020
Posted In Trademarks
Reviewing a decision from the United States Patent and Trademark Office (“USPTO”) Trademark Trial and Appeal Board, the Federal Circuit vacated and remanded the Board’s refusal to register a trademark consisting of a gradient of multiple colors applied to product packaging, and relied on Supreme Court precedent in concluding that color marks can be inherently...
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Ninth Circuit Gleefully Rejects Copyright Claims against California High School
By Sarah Bro on Apr 9, 2020
Posted In Copyrights
Affirming a district court’s summary judgment in favor of various defendants, including the vocal music director and parent volunteers at Burbank High School (whose competitive show choirs reportedly inspired the television series “Glee”), the US Court of Appeals for the Ninth Circuit examined issues of standing via copyright ownership and the copyright infringement defense of...
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SCOTUS Sinks the CRCA, Confirms States are Immune from Copyright Suits
By Sarah Bro on Apr 2, 2020
Posted In Copyrights
The Supreme Court of the United States issued a unanimous decision invalidating the Copyright Remedy Clarification Act (CRCA), a 1990 statute intended to provide copyright owners with the power to sue a US state government for infringement, and held that states cannot be sued for copyright infringement. Allen v. Cooper, Case No. 18-877 (Supr. Ct....
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Ninth Circuit Shows Led Zeppelin a Whole Lotta Love in ‘Stairway’ Copyright Win
By Sarah Bro on Mar 25, 2020
Posted In Copyrights
Ruling en banc, the US Court of Appeals for the Ninth Circuit reinstated a 2016 jury verdict, finding that the rock band Led Zeppelin and the opening notes of its hit song “Stairway to Heaven” did not infringe the 1967 song “Taurus” by the band Spirit. Michael Skidmore v. Led Zeppelin et al., Case No....
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Street Art Street Smarts: Second Circuit Applies VARA, Affirms Moral Rights
By Sarah Bro on Mar 12, 2020
Posted In Copyrights
The US Court of Appeals for the Second Circuit affirmed that plaintiffs-appellees’ temporary artwork had achieved appropriate stature to be protected by the rarely invoked Visual Artists Rights Act of 1990 (VARA), and that an award of statutory damages was warranted for defendants-appellants’ willful unlawful actions. Jonathan Cohen, et al. v. G&M Realty L.P., et...
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