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.
Don’t Count Your Lamborghinis Before Your Trademark is in Use
By Sarah Bro on Jul 22, 2021
Posted In Trademarks
The US Court of Appeals for the Ninth Circuit affirmed a grant of summary judgment, finding that a trademark registrant had alleged infringement of its trademark without having engaged in bona fide use of the trademark in commerce, as required by the Lanham Act. The Court found no material issue of fact as to whether...
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Purple Pain: Warhol’s Prince Series Isn’t Fair Use of Photographer’s Image
By Sarah Bro on Apr 8, 2021
Posted In Copyrights
In a case spanning nearly 40 years of art and touching the estates of two of the world’s most well-known artists, the US Court of Appeals for the Second Circuit clarified its position on the application of the fair use doctrine and its protection of transformative works. In doing so, the Second Circuit reversed the...
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That’s So Metal: Ninth Circuit Confirms Standard of Review for Finding Unclean Hands on Summary Judgment
By Sarah Bro on Mar 4, 2021
Posted In Trademarks
In a trademark infringement dispute over the brand name “METAL,” the US Court of Appeals for the Ninth Circuit resolved an issue of first impression in holding that when reviewing a grant of summary judgment on an unclean hands defense in a trademark infringement case, the correct standard of review is abuse of discretion. Metal...
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No Matter How Many Touched the Flowers, Single Infringement Begets Single Statutory Damages Award
By Sarah Bro on Feb 11, 2021
Posted In Copyrights
In a dispute over the alleged infringement of a floral print textile design, the US Court of Appeals for the Ninth Circuit affirmed the plaintiff’s ownership of a valid copyright, but reversed and remanded for further proceedings on the issue of statutory damages, finding that the Copyright Act permits only a single award of statutory...
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2020 IP Law Year in Review: Trademarks
By Sarah Bro and Eleanor B. Atkins on Jan 21, 2021
Posted In Trademarks
Executive Summary 2020 was a year like no other, so you’d be forgiven if the year’s biggest headlines in trademark law didn’t quite catch your attention. In 2020, the US Supreme Court shaped trademark jurisprudence through a trio of notable decisions. A pandemic and shelter-in-place orders pushed more consumers to virtual marketplaces, forcing brand owners,...
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This Mashup Is Not a Place You’ll Go – Seuss Copyright Will ‘Live Long and Prosper’
By Sarah Bro on Jan 7, 2021
Posted In Copyrights, Trademarks
Presented with a publishing company defendant’s mashup of Dr. Seuss’ copyrighted works with Star Trek in a work titled Oh, the Places You’ll Boldly Go!, the US Court of Appeals for the Ninth Circuit tackled claims of both copyright and trademark infringement, including the defense of fair use and the use of trademarks in expressive...
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Fifth Circuit Says No Preliminary Injunction in Boozy Beverage Trademark Fight
By Sarah Bro on Dec 17, 2020
Posted In Trademarks
The maker of BRIZZY-brand hard seltzer claimed that consumers would confuse a product branded VIZZY hard seltzer with its own. The United States Court of Appeals for the Fifth Circuit disagreed, however, and affirmed the district court’s denial of the preliminary injunction with an explanation as to how the plaintiff failed to demonstrate a substantial...
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“You’ve Changed!”—New Trademark and TTAB Fees Incoming
By Sarah Bro on Dec 10, 2020
Posted In Trademarks
Effective January 2, 2021, the United States Patent and Trademark Office (“USPTO”) is increasing and adding certain trademark and Trademark Trial and Appeal Board (“TTAB”) fees. The changes come after a nearly three-year fee status quo. The following TTAB fees will increase anywhere from $25 to $200: Petition to cancel filed through the Electronic System...
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Making Waves: Post-Employment Contract Assignment Provision Invalid Under California Law
By Sarah Bro on Dec 3, 2020
Posted In Patents
The US Court of Appeals for the Federal Circuit invoked “precedents that are relevant but not directly on point” to examine when employment contract provisions may require assignment of inventions conceived post-employment and without use of the former employer’s confidential information, finding that an intellectual property assignment provision in the employer’s predecessor’s employment agreement was...
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Trademark Cancellation Is Appropriate Sanction for Misconduct
By Sarah Bro on Nov 4, 2020
Posted In Trademarks
In upholding a grocery store chain’s standing to petition for cancellation of a US trademark registration, the US Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB’s) express authority to impose cancellation of a trademark by default judgment as a sanction in a TTAB proceeding. Corcamore, LLC v. SFM,...
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