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Jack Daniels wins big in challenge to spoofing "Bad Spaniels" dog toy

Thursday’s decision in Jack Daniel's Properties v. VIP Products firmly rejected the use of the Jack Daniel’s trademarks by a manufacturer selling a line of dog toys that mock various beverage manufacturers. The one at issue here copies numerous elements of the famous Jack Daniel’s bottle. In the wor
United States Ronald Mann Ginger Rogers Justice Elena Kagan Jack Daniel Jack Daniels

Justices limit suits challenging misleading securities registration statements

As expected, Thursday’s decision in Slack Technologies v. Pirani rejected a lower-court ruling that had substantially broadened liability for publicly traded companies under Section 11 of the Securities Act of 1933. That provision imposes liability for false or misleading material in a statement reg
United States Henry Friendly Ronald Mann Justice Elena Kagan Justice Neil Gorsuch Justice John Roberts

Justices rule against Andy Warhol estate in copyright dispute

Thursday’s decision in Andy Warhol Foundation for the Visual Arts v. Goldsmith provides a major statement in the role that copyright law plays in fostering artistic creativity, as the court upheld the claim of a famed celebrity photographer, Lynn Goldsmith, that the Andy Warhol estate infringed her
United States Lynn Goldsmith Justice Neil Gorsuch Justice Sonia Sotomayor Justice Ketanji Brown Jackson Justice John Roberts

Justices side with Puerto Rico's financial oversight board in public records dispute

Thursday’s decision in Financial Oversight & Management Board for Puerto Rico v. Centro de Periodismo Investigativo took the straight and narrow approach to resolving the case. Ignoring the threshold questions on which the court had not granted review and applying a longstanding clear-statement
Puerto Rico Periodismo Investigativo Justice Clarence Thomas Justice Elena Kagan Ronald Mann Us District Court

Justices reject claim of immunity in Puerto Rico public records dispute

Thursday’s decision in Financial Oversight & Management Board for Puerto Rico v. Centro de Periodismo Investigativo took the straight and narrow approach to resolving the case. Ignoring the threshold questions on which the court had not granted review and applying a longstanding clear-statement
Puerto Rico Justice Elena Kagan Periodismo Investigativo Ronald Mann Justice Clarence Thomas Supreme Court

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Justices dubious of creating "extra-special super-super clear statement rule" to exempt tribes from obligation to respect bankruptcy process

Monday’s arguments in Lac du Flambeau Band v. Coughlin revealed a bench deeply skeptical of the argument that Native American tribes should be exempt from the automatic stay of the Bankruptcy Code even though the federal and state governments are not. The case involves an online payday lending oper
United States Ronald Mann Pratik Shah Gregory Rapawy Justice Ketanji Brown Jackson Brian Coughlin

Justices to consider tribal immunity from bankruptcy process

Monday’s arguments in Lac du Flambeau Band v Coughlin takes the justices back once again to the question of tribal immunity. The specific question in this case is whether the Bankruptcy Code is sufficiently clear to abrogate the sovereign immunity of a federally recognized Indian tribe. To put the
United States Brian Coughlin Ronald Mann Deposit Insurance Corporation Supreme Court Small Business Administration

Justices dubious of New York's efforts to keep New Jersey in waterfront-safety commission

If the justices’ comments during Wednesday’s argument in New York v. New Jersey shed any light on whether New Jersey has a unilateral right to withdraw from the commission that regulates the Port of New York and New Jersey, New York is facing an uphill battle in convincing the justices that it can f
United States New York New Jersey Justice Jackson Justice Amy Coney Barrett Jeremy Feigenbaum

Court rules in favor of Mall of America in dispute over Sears lease

At first glance, Wednesday’s decision in MOAC Mall Holdings LLC v. Transform Holdco LLC resolves a technical question of bankruptcy law, holding that courts should not treat as “jurisdictional” a provision limiting the relief available when an appellate court disagrees with a trial court order auth
United States Ronald Mann Justice Ketanji Brown Jackson Small Holdings District Court North America

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