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Fair Use Trademarks Lanham Act

McDermott Will & Emery

David-Versus-Goliath Trademark Victory Isn’t “Exceptional”

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The US Court of Appeals for the Third Circuit vacated an award of attorneys’ fees for reanalysis, explaining that the district court’s finding that the case was “exceptional” under the Lanham Act was based on policy...more

Lewis Roca

The IP of Everything Podcast - Episode 22 - The IP of Dog Toys

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Explore the legal intricacies of dog toy trademarks such as Chewy Vuitton and Bad Spaniels. Uncover key cases, including a pivotal Supreme Court showdown, with implications for both canines and intellectual property at large....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2023: News Flash: Trademark Infringement is No Laughing Matter

The Bad Spaniels and MetaBirkin cases clarify that artistic expression is no foolproof defense to trademark infringement. Brand owners welcomed the decision the US Supreme Court rendered in Jack Daniel's Properties Inc....more

Kaufman & Canoles

The Dog Days Are Over for Jack Daniel’s

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On June 8, 2023, brand owners breathed a sigh of relief with the Supreme Court’s unanimous ruling consistent with prior jurisprudence that potential infringers of a famous trademark are not precluded from liability by merely...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Rules “That Dog Don’t Hunt”: Bad Spaniels Toy’s Use of JACK DANIELS Marks is a Poor Parody and Dilution Act Applies

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” which, as a play on words, turns the words...more

Latham & Watkins LLP

Bored Apes Scores Win in Protecting Its Trademarks

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In a major Web3 trademark infringement case, NFT creators prevail over those with a bad-faith intent to profit. On April 21, 2023, Yuga Labs, the original creators of the Board Ape Yacht Club (BAYC) non-fungible token...more

International Lawyers Network

Free Speech, Chatting About Friends, Kraken/Crackin’ On AI, & Thinking About Fred & Ginger: Generated Content, Amici Curiae, & A...

Lots of people are talking about ChatGPT. Some, like those at Microsoft, see it as a valuable tool to be integrated into their products and platforms; indeed, one of its lawyers thought that the answer provided by ChatGPT...more

Weintraub Tobin

Trademark and Copyright Cases to Watch in 2023

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It’s always good to start off the year with an overview of trademark and copyright cases to watch. This year, we have a couple of cases that we’ve previously discussed on our podcast The Briefing, when they were on appeal...more

Cadwalader, Wickersham & Taft LLP

Intellectual Property Law: Looking Forward to 2023

With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023. Below are some of...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2022

Thank you for reading the October 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss an ongoing trademark suit involving a claim of irreparable harm, share the now open gTLD Sunrise periods,...more

Dorsey & Whitney LLP

Fair Use Mashup Theory Ga-Fluppted by Ninth Circuit

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Just in time to steal ComicMix’s Christmas, the Ninth Circuit recently held that the bookmaker’s mashup story Oh, the Places You’ll Boldly Go! (which combines elements of the Dr. Seuss book Oh, the Places You’ll Go! with Star...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Practice Tips: Fair Use of a Trademark (Part I)

One of the first things entrepreneurs will need to do when branding new companies is to seek and obtain trademark protection.  In addition, companies may at times seek to use third party trademarks without formally licensing...more

Troutman Pepper

Diamonds are Forever, but Tiffany’s $21M Trademark Win is Not

Troutman Pepper on

A federal appeals court issued its opinion on August 17th in Tiffany & Co. v. Costco Wholesale Corp., vacating a $21 million judgment against Costco Wholesale Corp. Costco had marketed unbranded diamond engagement rings...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - January 2020: "Soft" IP Takes Center Stage at the Supreme Court

The “soft” IP world is looking forward to rulings in six trademark and copyright cases this term, far more than in recent years, and all of which address points of uncertainty that will impact trademark and copyright...more

Katten Muchin Rosenman LLP

Kattison Avenue | Issue 1 - Fall 2019

Welcome to the inaugural edition of Kattison Avenue, a newsletter examining the hot topics in advertising from Katten’s office on Madison Avenue in New York City and beyond. As we prepared to launch our first issue, we wanted...more

Proskauer Rose LLP

Three Point Shot - October 2019

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. Your feedback,...more

K&L Gates LLP

A Case of Classic Fair Use for “Sports Fuel” in the 7th Circuit

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Key Takeaways - Brand owners benefit by adopting distinctive marks, especially arbitrary and fanciful terms. ...more

McDermott Will & Emery

No Jury Trial for Trademark Infringement Claims

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In finding a fair use defense and no “likelihood of confusion” in a cosmetics trademark infringement dispute, the US Court of Appeals for the 11th Circuit also considered, as an issue of first impression, whether the Seventh...more

Burr & Forman

In Trademark Infringement Cases, Your Right to a Jury Trial May Depend on Whether Actual Damages or the Infringer’s Profits Are...

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By way of a precedential decision published on April 23, 2019, the Eleventh Circuit joined the Sixth and Ninth Circuits in holding that trademark owners who seek disgorgement of the infringer’s profits in lieu of actual...more

Brooks Pierce

Music Law 101: What Every Band Needs to Know

Brooks Pierce on

Last week, Brooks Pierce participated in CD Baby’s DIY Musician Conference in Nashville. We hosted legal clinics, served as mentors, gave out free copies of our Musician’s Legal Handbook, and presented a legal workshop on...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | June 2018 #2

LEGISLATION, REGULATIONS & STANDARDS - FDA Releases Guidance on Dietary Fiber Labeling - The U.S. Food and Drug Administration has released guidance identifying eight non-digestible carbohydrates that the agency intends...more

Dorsey & Whitney LLP

Dr. Seuss is Drooling Over Court’s Pre-Holiday Ruling

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You know of this lawsuit, we’ve blogged on it twice, It’s time for a check-in, to see who’s naughty and nice. The Plaintiff as you know is the heir of Dr. Seuss, And fussing and fuming about an alleged unfair use....more

WilmerHale

Copyright and Trademark Case Review: Who’s on First?, Virtual Lockers and Lanham Act Fee-Shifting

WilmerHale on

Copyright Opinions - Second Circuit Permits Distribution of Cloud-Based Samples, But Declines to Consider “Novel” Cloud Storage Infringement Issue: Smith v. Barnesandnoble.com, LLC, No. 15-3508 (2d Cir. October 6,...more

Dorsey & Whitney LLP

Nominative Fair Use of a Trademark: The Second Circuit Weighs In

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If a defendant in a trademark case uses the plaintiff’s trademark, not to identify the defendant’s own products, but rather to refer accurately to the plaintiff’s products, is that trademark infringement? Called “nominative...more

Akerman LLP

Nominative Fair Use: The Second Circuit Joins Neither The Third Nor Ninth Circuits In Its Approach

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In an important decision delineating the boundaries of fair use of another person’s trademark, the Second Circuit announced a standard by which nominative fair use of a trademark will be evaluated in that Circuit in...more

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