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January 27, 2024
In response to the Supreme Court of the United States’ ruling in Jack Daniel’s, the US Court of Appeals for the Ninth Circuit reconsidered its 2022 decision in Punchbowl v. AJ Press and...
December 21, 2023
In Vans, Inc. v. MSCHF Product Studio, Inc., the first appellate court opinion to apply the U.S. Supreme Court's decision in Jack Daniel's Properties v. VIP Products, the U.S. Court of Appeals...
December 19, 2023
In Vans, Inc. v. MSCHF Product Studio, Inc., the first appellate court opinion to apply the U.S. Supreme Court’s decision in Jack Daniel’s Properties v. VIP Products, the U.S. Court of Appeals for the Second Circuit considered whether to recognize heightened First Amendment protection in a sneaker design and bypass the traditional likelihood of confusion analysis for trademark infringement suits.
December 19, 2023
The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming...
December 12, 2023
On December 5, the Second Circuit issued a decision in Vans, Inc. v. MSCHF Product Studio, Inc., a trademark case involving a sneaker product purporting to parody the Vans Old Skool shoe.
December 8, 2023
In its first opportunity to apply the Supreme Court’s recent decision in Jack Daniel’s Properties v. VIP Products LLC, which held that the First Amendment did not protect infringing...
December 6, 2023
The U.S. Court of Appeals for the Second Circuit today invoked the Supreme Court’s decision in Jack Daniel’s Properties v. VIP Products to affirm a district court’s finding that MSCHF Product Studio, Inc.’s shoe, the Wavy Baby Sneaker, likely infringed Vans, Inc.’s Old Skool shoe.
October 23, 2023
In Part I of this article, I recalled the early years of the U.S. Court of Appeals for the Federal Circuit, when the court was working well, and how it all went wrong. In this second half, I recount how the America Invents Act (AIA) has fundamentally shifted the power in patent enforcement and policy.
July 29, 2023
The Supreme Court recently decided a case on the balance between trademark rights and free speech, especially when parody products are at issue.
July 11, 2023
“The true crime in ecommerce fraud is that creators will stop creating.” That grim assessment has driven Jennifer L. Cook of SnakeArts to fight like heck against rampant infringements and counterfeits globally.