Page 42 - Lanham Act News Today

The U.S. Supreme Court continues to show interest in trademark issues with its recent grant of certiorari in another case pitting the Lanham Act against the First Amendment.

On June 8, 2023, a unanimous U.S. Supreme Court resolved the petition in Jack Daniel’s Properties, Inc. v. VIP Products LLC with two narrow holdings: (1) the threshold trademark...

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning "a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey"...

Fed. R. Civ. P. 65 allows a district court to issue a temporary restraining order (TRO) and/or a preliminary injunction to maintain the status quo and avoid irreparable harm while a...

Jack Daniel v. VIP Products the Supreme Court in a unanimous decision held that a trademark claim concerning dog toy designed to look like a bottle of Jack Daniels whiskey does not receive special First Amendment treatment.

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.

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

The Supreme Court agreed to review the US Patent & Trademark Office’s (PTO) challenge to a February 2022 ruling by the US Court of Appeals for the Federal Circuit. In the ruling at...

Vidal v. Elster or the TRUMP TOO SMALL trademark case was granted certiorari by Supreme court to see if a trademark using a person's name TRUMP without the persons consent is permissible First Amendment allows content based viewpoint neutral restrictions on trademarks may be registered.

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...