January 25, 2021
On December 27, 2020, the coronavirus relief bill, H.R. 133, was signed into law. Hidden within the bill are acts amending the Lanham (Trademark) Act and the Copyright Act to make enforcement of trademarks and copyrights easier and faster: namely, the “Trademark Modernization Act” and the “Copyright Alternative in Small-Claims Enforcement” (“CASE”) Act.
The Trademark Modernization Act creates a presumption that irreparable harm results from trademark infringement, making it easier for trademark owners to obtain injunctions. This new statutory presumption overrules the contrary United States Supreme Court decision in eBay, Inc. v. MercExchange LLC, 547 U.S. 388 (2006) and resolves a split among courts regarding the standard for obtaining injunctions. The Trademark Modernization Act also creates streamlined procedures for obtaining, opposing and canceling federal trademark registrations.
In the copyright realm, the CASE Act establishes streamlined procedures for small copyright claims ($30,000 or less) and for claims that relate to Digital Millennium Copyright Act notices asserting online infringements.
Moses & Singer LLP attorneys can provide guidance on all of your intellectual property needs, including navigating the ways in which these new developments impact future trademark prosecution, as well as copyright and trademark litigation.