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July 5, 2023
In a recent unanimous decision, the United States Supreme Court held that the test set forth in Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989) (the "Rogers test") does not apply in two situations.
July 1, 2023
On June 8, the United States Supreme Court handed down a surprisingly decisive ruling on trademark law and its relationship with First Amendment rights. The case has provoked widespread discussion among IP lawyers across the world regarding similar cases in other jurisdictions.
June 23, 2023
The Supreme Court issued a unanimous decision on June 8 in Jack Daniel's Properties v. VIP Products LLC, __ US __ (2023), a victory for Jack Daniel's in a battle over whether a dog toy...
June 19, 2023
Can an alleged trademark infringer avoid the likelihood-of-confusion test by claiming its use is an "expressive work"? In Jack Daniel's Properties, Inc. v. VIP Products LLC, 599 U. S. __ (2023), the Supreme...
June 17, 2023
After VIP initially filed suit against Jack Daniel’s seeking declaratory judgment that the product did not infringe on Jack Daniel’s trademarks, Jack Daniel’s brought counterclaims under the Lanham Act for trademark infringement and trademark dilution.
June 17, 2023
Vidal v. Elster, Supreme Court case about the attempted Trademark Registration of TRUMP TOO SMALL refusal of PTO register TRUMP TOO SMALL trademark containing another persons name violates the Free Speech Clause First Amendment trademark criticizes a government official or public figure
June 16, 2023
On June 8, 2023, the U.S. Supreme Court issued its decision in Jack Daniel’s Properties, Inc. v. VIP Products, LLC and provided some clarity as to the applicability of the “Rogers...
June 14, 2023
On June 8, 2023, the Supreme Court of the United States issued its decision in Jack Daniel’s Properties, Inc. v. VIP Products, LLC, a trademark case concerning the First Amendment...
June 13, 2023
SCOTUS issued its decision on Jack Daniels’ Properties v. VIP Products favoring Jack Daniels. The Court rejected VIP’s argument that the First Amendment overrode the Lanham Act in the context of a parody mark. The Supreme Court remanded the case back to the lower courts.
June 13, 2023
Supreme Court issued a unanimous decision siding with Jack Daniel's in a trademark case regarding First Amendment parody defense of the Bad Spaniels dog chew toy.