JD Supra

Malicious, Threats, and Malware: Objective Facts, Not Subjective Opinions

On June 2, 2023, the Ninth Circuit reversed a dismissal of Plaintiff Enigma Software Group’s (“Enigma”) Lanham Act false advertising and related state law claims against its competitor, Defendant ...
Law

The Supreme Court Malicious Prosecution Decision

"Section 1983 authorizes a claim for relief only for violations of federally protected rights, not state law rights," writes Martin A. Schwartz. Lack of probable cause is an essential element of a ...
World Trademark Review

CNIPA cracks down on malicious registration using Article 4 of the Trademark Law

One such measure is a more robust examination process for registration applications. By conducting thorough investigations and assessments, the CNIPA can identify suspicious applications and reject ...
Law

The Supreme Court's Malicious Prosecution Decision

In his Section 1983 Litigation column, Martin Schwartz discusses 'Thompson v. Clark,' where the Supreme Court held that the "favorable termination" element of a §1983 malicious prosecution claim ...