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Gray Market Goods Infringement: Why Genuine Products Can Still Trigger U.S. Trademark Liability
Gray market goods infringement can arise even when the goods are genuine. This article explains how U.S. courts use the material differences test in parallel import cases, why packaging, warranties, service, recall support, and quality control matter, and how brand owners use federal litigation, TROs, and related remedies to stop unauthorized-channel sales.
14 min read


Cox v. Sony: Redefining Platform Secondary Liability, the DMCA Safe Harbor, and Spillover Effects on Trademark and Patent Law
Platform secondary liability changed significantly after the U.S. Supreme Court’s March 25, 2026 decision in Cox v. Sony. This article explains why mere knowledge plus inaction is no longer enough for contributory copyright liability, how the DMCA safe harbor works after Cox, and what the decision may mean for trademark and patent disputes involving online platforms.
8 min read


Does a Defendant’s Knowledge of a Related Patent Application Establish Willful Patent Infringement?
Willful patent infringement often turns on whether the defendant had pre-suit knowledge of the asserted patent. This article explains when knowledge of a related patent application may or may not support claims for willful infringement, induced infringement, and contributory infringement, with a focus on pleading standards and the role of issued patents versus pending applications.
5 min read


A Refined Approach to Image Copyright Infringement in U.S. Schedule A Cases: Injunctions and Narrower Asset Freezes
Image copyright infringement is playing a larger role in U.S. Schedule A litigation, especially in e-commerce disputes involving product photos. This article explains how courts analyze originality, actual copying, wrongful copying, irreparable harm, and financial restraints, and why recent decisions are allowing strong copyright claims while narrowing asset freezes to sales tied to the accused listings.
6 min read


Building an IP Enforcement Strategy Against Cross-Border Ecommerce Infringement
IP enforcement in cross-border ecommerce requires more than listing-by-listing takedowns. This article explains how U.S. brand owners can build a stronger enforcement strategy through rights preparation, evidence preservation, platform complaints, border measures, Schedule A litigation, and Section 337 when repeated infringement becomes systematic.
10 min read


Amazon Patent Complaint: A More Efficient Enforcement Method than Court Litigation
Amazon patent complaint procedures have become a powerful tool for patent owners seeking fast product takedowns without the cost and delay of court litigation. This article explains how Amazon patent complaint mechanisms work, why they are attractive to rights holders, how APEX fits in, and how sellers can assess infringement risk, appeal, and redesign products to reduce future exposure.
7 min read


The Significance of Declaratory Judgment for Cross-Border E-commerce in Responding to IP Disputes
Declaratory judgment can be a powerful tool in cross-border e-commerce IP disputes. When a business receives a warning letter or faces a credible threat of suit, it may be able to file first in U.S. court and seek a ruling of non-infringement or invalidity. This article explains how declaratory judgment works and why it can shape forum choice, leverage, and litigation timing.
11 min read


Service of Process by Email Halted: How the Smart Study Case Reshapes Cross-Border E-Commerce IP Litigation
Service of process by email is facing new limits in U.S. cross-border litigation. This article explains how the Smart Study decision reshapes Hague Service Convention analysis, Rule 4(f)(3), the difference between an unknown and unreliable address, and the impact on service strategy, default judgments, and future IP cases involving defendants in China.
6 min read


Is Copyright Registration Before Lawsuit Required in U.S. Courts? (With Statutory Provisions and Case Law Analysis)
Copyright registration before lawsuit depends on whether the work is a U.S. work. This article explains automatic copyright protection, when registration is required under 17 U.S.C. § 411(a), how U.S. works and foreign works are treated differently, and why online publication can complicate the analysis.
6 min read


A Practical Guide to Settling IP Lawsuits
Settling IP lawsuits is often the fastest way to control costs, reduce risk, and protect business operations. This article explains when patent, trademark, and copyright cases usually settle, what terms commonly appear in settlement agreements, how settlement costs are structured, and why cross-border e-commerce defendants face special pressure from TROs, frozen funds, and default risks.
9 min read


Overview of TRO Bond Requirements in IP Infringement Cases — Using the U.S. District Court for the Northern District of Illinois as an Example
TRO bond rules can matter more than many defendants expect in U.S. IP cases. This article explains how courts in the Northern District of Illinois set TRO bond amounts, why many bonds remain symbolic in Schedule A cases, and why defendants rarely recover meaningful compensation even when frozen funds far exceed the posted bond.
7 min read


Statutory Damages in U.S. Intellectual Property Infringement Actions
Statutory damages can change the economics of U.S. IP litigation. This article explains when copyright and counterfeit trademark claims allow statutory damages, how willfulness affects the award range, and why patent infringement does not provide statutory damages but may still allow enhanced damages.
4 min read


In-Depth Explanation of ITC Section 337 Investigations
A Section 337 investigation conducted by the U.S. International Trade Commission (ITC) is a quasi-judicial proceeding that addresses unfair trade practices related primarily to intellectual property (IP) infringement involving imported products. This analysis covers the Section 337 investigation process, strategies of complainants and respondents, filing requirements, and hearing procedures.
8 min read


Generative AI Infringement: U.S. Patent, Trademark, Copyright, and Training Data Risks
Generative AI infringement raises overlapping risks in copyright, trademark, patent, and AI training disputes. This article explains how U.S. law treats AI-generated works, human authorship and inventorship limits, brand misuse, fair use, and the growing litigation over training large models on protected content.
7 min read


How to Respond to a False DMCA Takedown on Amazon
False DMCA takedown on Amazon can disrupt listings and harm sales even when no copyright infringement exists. This article explains how to verify whether a notice is legally valid, when to file a DMCA counter-notice, how to use Amazon’s trademark dispute path, and when court claims like DMCA §512(f), unfair competition, or declaratory judgment may help.
4 min read


Why IPR Gets Denied: PTAB’s Settled Expectations Doctrine After iRhythm and Dabico
Why IPR gets denied is becoming a more important question as PTAB increasingly relies on the “settled expectations” doctrine. This article explains how the Board used delay, long-issued patents, prior knowledge, and lack of new evidence in iRhythm and Dabico to deny institution even without major parallel-litigation barriers.
5 min read


Overview of IP Enforcement in Cross-Border E-Commerce
Cross-border e-commerce IP enforcement has become a major challenge for rights holders facing anonymous online sellers, fast relisting, and overseas operations. This article explains the main enforcement obstacles, the rise of Schedule A lawsuits, electronic service, asset restraints, and the broader litigation strategy used in U.S. federal courts.
6 min read
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