SCOTUS and federal court rulings on TTAB decisions on granting trademarks and trademark renewals; Netflix settling an anticipated defamation case with a disclaimer and donation
Tag, You’re Sued: Graffiti Artists Sue Over Use of Their Tags
(Podcast) The Briefing: Tag, You’re Sued: Graffiti Artists Sue Over Use of Their Tags
The IP of Everything Podcast - Episode 22 - The IP of Dog Toys
Roundup of 2023 Entertainment Law Cases: Analysis SAG/AFTRA and WGA contracts, No Parody of Iconic Sneaker, AI Copyright Highlights China vs US law; SCOTUS Bad Spaniel and Warhol/Prince.
The Briefing: Once Upon A Time – SCOTUS Rejects Trademark Infringement Claim Against Quentin Tarantino Film
(Podcast) The Briefing: Once Upon A Time – SCOTUS Rejects Trademark Infringement Claim Against Quentin Tarantino Film
(Podcast) The Briefing: SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional
The Briefing: SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional
The Briefing: The Supreme Court Limits the Reach of The Lanham Act [PODCAST]
The Briefing: The Supreme Court Limits the Reach of The Lanham Act
Supreme Court Miniseries: Zero Spoof Whiskey
Podcast - The Briefing by the IP Law Blog: Bad Spaniels in the Doghouse – Jack Daniels Prevails in Trademark Fight
The Briefing by the IP Law Blog: Bad Spaniels in the Doghouse – Jack Daniels Prevails in Trademark Fight
Podcast: The Briefing by the IP Law Blog - After 70 Years, Supreme Court Will Once Again Weigh in on The Exterritorial Reach of Lanham Act
The Briefing by the IP Law Blog: After 70 Years, Supreme Court Will Once Again Weigh in on The Exterritorial Reach of Lanham Act
5 Key Takeaways | Petitions for Expungement or Reexamination of the Trademark Modernization Act
5 Key Takeaways | Combating Misrepresentations in Trademark Prosecution and Maintenance
The Briefing: Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part Two, Trademark)
A federal court jury in Texas has awarded more than $30 million in damages to woman-owned beauty start-up Lashify Inc. The jury found that Qingdao Lashbeauty Cosmetic Co., a Chinese company doing business as Worldbeauty,...more
With artificial intelligence (AI) taking the world by storm and generative AI making content creation easier than ever, legal problems regarding intellectual property and rights to publicity have inevitably started popping...more
Earlier this year, a federal district court judge in the Western District of North Carolina declined to award “bad faith” attorney’s fees under the Defend Trade Secrets Act (DTSA). See Design Gaps, Inc. v. Hall, No....more
“Kid-friendly.” “Reef-friendly.” “Earth-friendly.” “Pet-friendly.” There’s no shortage of products that are marketed as being “-friendly.” There’s also no shortage of litigation that accuses products of not being as...more
We get asked all the time to lay out the pros and the cons of different ways a company can challenge a competitor’s false advertising. And no surprise -- we are big fans of the National Advertising Division (NAD) process,...more
The original frontman of The Guess Who, Burton Cummings, terminated his public performance license agreements in the hope of preventing what he calls a The Guess Who “cover band” from performing the works he penned for the...more
2023 was an exciting year for Section 337 litigation at the ITC and 2024 is off to an equally interesting start. In this article, Libbie DiMarco reviews five of the most interesting recent developments in Section 337...more
In a case that pitted two sellers of construction equipment against each other — I Dig Texas, LLC v. Creager — the U.S. Court of Appeals for the Tenth Circuit was tasked with excavating the truth behind claims of false...more
It’s that time of year again—Ad Law Symposium is back! Please join us in DC for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence. Combining the...more
The explosion of artificial intelligence (AI) offerings and integrations in recent years has sent sepia-toned twentieth-century legal doctrines scrambling to keep up with decidedly technicolor twenty-first century technology....more
Chanel, the renowned French luxury brand, has historically exercised immense control over the distribution of its products, which has led to its concerns about The RealReal advertising itself as a secondhand retailer of...more
This month’s International Trade Commission wrap-up focuses on the circumstances in which a complainant can amend its complaint. In particular, on November 2, 2023, Administrative Law Judge Moore denied a complainant’s...more
A U.S. District Court in Illinois dismissed a case by the Chicago-based law firm MillerKing LLC against the so-called “robot lawyer” DoNotPay, Inc. (DNP). It found that MillerKing did not have standing bring false...more
Last month, Vital Pharmaceuticals, Inc. (“Vital”), the manufacturer of the Bang energy drink, fell short in its post-trial challenge to a “monster” jury award in favor of Monster Energy Company (“Monster”). ...more
Recently, NJOY LLC filed a complaint in the U.S. District Court for the Central District of California against more than 30 foreign and domestic defendants that manufacture, market, distribute, and sell tobacco products in an...more
Cybersecurity and data protection is front and center on the Federal Communications Commission’s (FCC) agenda. The latest manifestation of this is the FCC’s issuance of a Notice of Proposed Rulemaking (NPRM) on August 25,...more
The United States International Trade Commission (ITC) is a fast-paced, high-stakes forum for companies with significant U.S. operations and/or U.S. intellectual property rights. Broad in scope, Section 337 empowers the ITC...more
The US Court of Appeals for the Ninth Circuit reversed and remanded a district court’s dismissal for lack of personal jurisdiction, deciding that the sale of a product via an interactive website provides sufficient “minimum...more
On June 1, 2023, the Sixth Circuit Court of Appeals found that a Lanham Act false advertising lawsuit was not covered under the “personal and advertising injury” coverage section of a commercial general liability (CGL) policy...more
On June 2, 2023, the Ninth Circuit reversed a dismissal of Plaintiff Enigma Software Group’s (“Enigma”) Lanham Act false advertising and related state law claims against its competitor, Defendant Malwarebytes, Inc....more
In a case originally based on a false advertising claim under § 43(a) of the Lanham Act, the US Court of Appeals for the Ninth Circuit affirmed in part, reversed in part and remanded the district court’s dismissal of the...more
A jury found Vital Pharmaceuticals Inc., maker of Bang energy drink, and its CEO (together, Vital) liable for false advertising under the Lanham Act and awarded Monster Energy Co. (Monster) more than $271 million for damages...more
Following on the heels of its 2021 decision in Electra v. 59 Murray, the US Court of Appeals for the Second Circuit affirmed the summary judgment denial of a Lanham Act claim related to false endorsement premised upon the...more
Rapper 50 Cent Settles with Plastic Surgery Clinician - Claims clinic owner used snapshot to suggest ... something embarrassing - A Question You Wouldn’t Ask in Person - 50 Cent—rapper, TV producer, actor—once...more
The Lanham Act- Lewis v. Acuity Real Estate Services, 6th Cir. 22-1406- In this appeal, the Sixth Circuit Court of Appeals affirmed the district court’s decision dismissing the complaint under the Lanham Act because such a...more