Evelina Gentry

Evelina Gentry advises clients with real estate, labor and employment, First Amendment, False Claims Act (FCA), products liability, and bankruptcy litigation disputes.

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The Third Circuit Goes Bananas

By Ira S. Sacks and Evelina Gentry on August 14, 2019 Posted in Copyrights, IP Litigation

In Silvertop Associates, Inc. v. Kangaroo Manufacturing, Inc., the Third Circuit applied the two-part test set forth in the Supreme Court’s decision in Star Athletica, L.L.C. v. Varsity Brands, Inc., and held that a full-body banana costume qualified for copyright protection.… Continue Reading

Will Lucky Get Lucky This Time Around?

By Ira S. Sacks and Evelina Gentry on July 8, 2019 Posted in Supreme Court, Trademarks

On Friday, June 28, 2019, the U.S. Supreme Court agreed to consider whether, in cases where a plaintiff asserts new claims, federal preclusion principles bar a defendant from raising defenses that were not actually litigated and resolved in any prior case between the parties. Lucky Brand Dungarees Inc., et al. v. Marcel Fashion Group Inc., … Continue Reading

Supreme Court Will Decide When Trademark Infringers May Be Ordered to Forfeit Profits

By Ira S. Sacks and Evelina Gentry on July 3, 2019 Posted in IP Litigation, Supreme Court, Trademarks

On Friday, June 28, 2019, the U.S. Supreme Court agreed to decide the circumstances necessary to support an award of a trademark infringer’s profits under section 35 of the Lanham Act, 15 U.S.C. § 1117(a). Romag Fasteners Inc. v. Fossil Inc., et al., No. 18-1233. The ruling hopefully will resolve a long-standing circuit split over … Continue Reading

Supreme Court to Rule on Copyright Protection of State Annotated Legal Codes

By Ira S. Sacks and Evelina Gentry on June 26, 2019 Posted in Copyrights, Supreme Court

On June 24, 2019, the U.S. Supreme Court granted certiorari to decide whether states can claim copyright protection in annotated codes. State of Georgia v. Public.Resource.Org, Inc., No. 18-1150. Annotated codes, in addition to the text of the statute, include summaries of judicial opinions, regulations, and attorney general opinions related to the statute. Georgia, like many … Continue Reading