News & Analysis as of September 18, 2024

Trademarks › Freedom of Expression

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A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +

Jack Daniel’s and Bad Spaniels: SCOTUS Hears Dog Fight Between Trademark Protection and Parodic Products

Bradley Arant Boult Cummings LLP on 3/24/2023

On Wednesday, March 22, the Supreme Court heard a case for the dogs — and trademark law. Whiskey maker Jack Daniel’s Properties, Inc., sued dog toy parody company VIP Products LLC for trademark infringement and dilution over...more

RICO Requires Transfer of Title to Forfeit Trademarks: USA v. Mongol Nation, No. 19-50176 and 19-50190 (9th Cir. Jan. 6, 2023)

Irwin IP LLP on 2/28/2023

The Ninth Circuit recently affirmed the denial of the United States’ second motion for preliminary order of forfeiture of the Mongol Nation’s trademarks. The Ninth Circuit held that the Racketeer Influenced and Corrupt...more

Infringement is still infringement, even in the metaverse: New York jury finds “MetaBirkin” infringing, not protected artistic...

White & Case LLP on 2/13/2023

A nine-person jury in the Southern District of New York has found that "MetaBirkin" NFTs violate Hermès International SA's rights in its "Birkin" trademarks. This is the first trial to consider the intersection of NFTs and...more

First Amendment Punches Out Alleged Lanham Act Violation

McDermott Will & Emery on 11/30/2022

Addressing the balance between trademark rights under the Lanham Act and the First Amendment right to protected expression, the US Court of Appeals for the Ninth Circuit affirmed a district court judgment finding that the...more

MarkIt to Market® - April 2021: Sole Mates (or Not) – Takeaways from Nike v. Satan Shoes

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 5/3/2021

It was hard to escape news last month of the “Satan Shoes” collaboration between Lil Nas X and Brooklyn art collective MSCHF Product Studio (“MSCHF”). The limited (666 pairs) release of custom red and black Nike Air Max...more

“...For me? As what? Tough guy? I don’t need tough guys. I need more lawyers...”: Intellectual Property Law In Criminal Matters

International Lawyers Network on 3/13/2019

There is a popular vintage Harley Davidson t-shirt that says “Tough Guys Finish First.” That may be true. But, sometimes, to finish first, one does not need more tough guys; one needs more lawyers, as a crime-related matter...more

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