Kavya Rallabhandi
Subscribe to Kavya Rallabhandi's PostsKavya Rallabhandi focuses her practice on intellectual property litigation matters. Read Kavya Rallabhandi's full bio.
Baseball was very good to Roberto: Lanham Act permits claims against government officials in personal capacity
By Kavya Rallabhandi on Jan 29, 2026
Posted In Trademarks
In a decision addressing the intersection of trademark law, sovereign immunity, and constitutional takings, the US Court of Appeals for the First Circuit partially revived Lanham Act claims brought by the heirs of baseball legend Roberto Clemente against senior officials of the Commonwealth of Puerto Rico. While affirming dismissal of claims against the Commonwealth itself...
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Deadlines and discretion: Appeal trips over the clock
By Kavya Rallabhandi on Jan 15, 2026
Posted In Trademarks
The US Court of Appeals for the Federal Circuit affirmed in part and dismissed in part an appeal of an International Trade Commission decision. The Federal Circuit affirmed the Commission’s issuance of a limited exclusion order against one set of respondents and dismissed the complainant’s appeal of the Commission’s no‑violation finding against another set of...
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Coffee, tea, or doctrine of foreign equivalents?
By Kavya Rallabhandi on Dec 18, 2025
Posted In Trademarks
The US Court of Appeals for the Federal Circuit reversed a Trademark Trial & Appeal Board decision upholding refusal of the KAHWA mark for cafés and coffee shops, holding that the doctrine of foreign equivalents was inapplicable since KAHWA has a well-established alternative English meaning. In re Bayou Grande Coffee Roasting Co., Case No. 2024-1118...
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Victory lap: Extraterritorial injunction permitted for breach of settlement agreement
By Kavya Rallabhandi on Jul 24, 2025
Posted In Trademarks
The US Court of Appeals for the Fourth Circuit upheld a permanent injunction, concluding that the district court properly determined that a party’s violation of a settlement agreement would lead to irreparable harm. Wudi Industrial (Shanghai) Co., Ltd. v. Wong, Case No. 24-1186 (4th Cir. July 11, 2025) (King, Gregory, Rushing, JJ.) The dispute originated...
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Let’s Not Get It On: Battle of the Greatest Hits
By Kavya Rallabhandi on Nov 14, 2024
Posted In Copyrights
The US Court of Appeals for the Second Circuit affirmed a district court ruling that Ed Sheeran’s 2014 hit “Thinking Out Loud” does not infringe the copyright on Marvin Gaye’s 1973 classic “Let’s Get It On.” Structured Asset Sales, LLC v. Sheeran, Case No. 23-905 (2d Cir. Nov. 1, 2024) (Calabresi, Parker, Park, JJ.) In...
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Due Diligence Deficit Sinks Fraud Claims in Trademark Battle
By Kavya Rallabhandi on Aug 22, 2024
Posted In Trademarks
The US Court of Appeals for the Second Circuit affirmed the dismissal of an independent action asserting “fraud on the court” based on the finding that the alleged fraud on the US Patent & Trademark Office (PTO) should have been uncovered by the exercise of due diligence in a prior action. Marco Destin Inc. v....
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Go Home: No “Prevailing Party” Status After Voluntary Dismissal Without Prejudice
By Kavya Rallabhandi on Aug 15, 2024
Posted In Copyrights
The US Court of Appeals for the Eleventh Circuit affirmed a district court’s ruling that a copyright holder’s voluntary dismissal of its claims did not render the defendant a prevailing party entitled to attorneys’ fees under the Copyright Act. Affordable Aerial Photography, Inc. v. Prop. Matters USA, LLC, Case No. 23-12563 (11th Cir. July 30,...
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Rum Wars: Lanham Act Doesn’t Preclude Judicial Review of PTO Renewal Decisions
By Kavya Rallabhandi on Jun 27, 2024
Posted In Trademarks
The US Court of Appeals for the Fourth Circuit reversed and remanded a district court’s ruling, holding that the Lanham Act does not foreclose an Administrative Procedure Act (APA) action for judicial review of the US Patent & Trademark Office’s (PTO) compliance with statutes and regulations governing trademark registration renewal. Bacardi & Co. Ltd. v....
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“Common Sense” Governs Tribal Sovereign Immunity Under Federal Contracting Program
By Kavya Rallabhandi on May 16, 2024
Posted In Trade Secrets
The US Court of Appeals for the Eleventh Circuit reversed and remanded a district court’s ruling, holding that waiver of sovereign immunity for claims related to a federal contracting program means the defendant, a sovereign Indian tribe, can be sued and that the district court failed to consider the valid and enforceable nature of the...
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Badgerow Enforced: District Court Lacks Independent Jurisdiction to Enforce Arbitration Award
By Kavya Rallabhandi on Feb 29, 2024
Posted In Trade Secrets
The US Court of Appeals for the Fourth Circuit reversed and remanded a district court’s arbitration award because the district court lacked proper subject matter jurisdiction, independent from the Federal Arbitration Act (FAA), to enforce the award. SmartSky Networks, LLC v. DAG Wireless, LTD, Case No. 22-1253 (4th Cir. Feb. 13, 2024) (Diaz, Thacker, Rubin,...
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