In Remembrance of a Legend
Today, the honorable William J. Bauer of the United States Court of Appeals for the Seventh Circuit passed away. I had the honor and great pride of calling him, “my judge.” At the beginning of my legal career, I was lucky enough to clerk with Judge Bauer. It was a transformative experience. For...
What Happens If a Trademark Is Found to Be Invalid in Litigation?
When a trademark is declared invalid in litigation, the results can reach far beyond the courtroom. A finding of invalidity can erase the trademark owner’s exclusive rights, lead to dismissal of infringement claims, and even open the door for counterclaims or fee recovery. Understanding how courts determine validity and what happens if...
How Do Schedule A Cases Impact Foreign Firms in the US?
- Foreign sellers are especially vulnerable because these cases are frequently filed under seal with immediate account freezes.
- Funds can be frozen before a seller even knows a lawsuit...
5 Defenses Against Schedule A Claims
In recent years, online sellers, especially those using marketplaces like Amazon or eBay, have seen a rise in trademark infringement lawsuits filed under Schedule A. These cases often involve brand owners suing dozens or even hundreds of defendants at once, accusing them of selling counterfeit or infringing goods.
However,...
The 4 Elements of a Breach of Contract Claim
Contracts form the backbone of most business relationships. When one party fails to meet its obligations, the injured party may have grounds for a breach of contract claim. But not every broken promise qualifies as a breach under Illinois law. To win in court, the plaintiff must prove four specific elements that...
Another Seventh Circuit Win
Last week, I successfully defended an appeal of a district court dismissal. Along with my two co-counsel, we represented the American Board of Psychiatry and Neurology ("ABPN"), in a Seventh Circuit appeal. The ABPN certifies psychiatrists and neurologists nationwide, and requires those certified after 1994 to maintain that status by completing its...
When To Consider Litigation for a Licensing Dispute
Licensing agreements can be powerful tools for businesses, creators, and technology holders. They allow you to expand your reach, generate revenue, and maintain control over intellectual property. But when the terms of a licensing agreement are breached—or when the interpretation of those terms becomes contested—disputes can arise that are difficult to resolve...
Develop Your Appellate Arguments
A recent opinion from the U.S. Court of Appeals for the Seventh Circuit illustrates the perils of the "argument by incorporation" strategy. In United States v. Scott, Case No. 24-1903, the Defendant was convicted following a bench trial of unlawful possession of a firearm by a felon, along with possession with intent to...
Can You Get IP Complaints on eBay?
If you sell on eBay, chances are you’ve heard of sellers getting flagged for intellectual property (IP) violations. For many, receiving a notice that a listing has been removed can feel confusing or even intimidating. The short answer is yes — you can get IP complaints on eBay. These complaints are managed...
Navigating the Schedule A Process in Georgia
For many online sellers, a sudden court notice can be overwhelming. If you sell products on platforms like Amazon, eBay, or Etsy, you may one day learn that a company has filed a Schedule A lawsuit against you in Georgia federal court. These cases often move quickly and can lead to frozen...