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Jack Daniels’ Limitation of the Rogers Shield Prompts the Ninth Circuit to Reverse Itself

In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called Punchbowl News did not...more

Supreme Court Holds International Use Not Trademark Infringement

The Supreme Court recently held Abitron Austria GmbH not liable for using Hetronic International, Inc.’s trademarks outside of the United States. Reversing the Tenth Circuit and resolving a circuit split, the Court held that...more

USPTO’s Cert Petition Argues Constitutionality of Lanham Act’s Living Individual Restriction

USPTO Director Kathi Vidal recently petitioned the Supreme Court to review a Federal Circuit decision in In re Elster. There, the Federal Circuit held the USPTO unconstitutionally applied Lanham Act Section 2(c) (15 U.S.C. §...more

TTAB Mulls Whether Mavericks Star Luka Doncic Can Revoke Trademark Consent After Issuance of a Mark

To obtain a trademark containing or consisting of a living individual’s name, portrait, or signature, that individual must give written consent. 15 U.S.C. § 1052(c). The United States Patent and Trademark Office (“USPTO”)...more

Eighth Circuit Affirms Dismissal of “Love Happens” Trademark Infringement Suit for Lack of Personal Jurisdiction

The Eighth Circuit recently upheld dismissal of Brothers and Sisters in Christ, LLC’s (“BASIC”) lawsuit against online marketplace Zazzle, affirming that “the bare-bones nature of BASIC’s allegations,” including Zazzle’s sale...more

Ninth Circuit Upholds Trademark Protections for Manufacturer of E-Cigarettes Containing Delta-8 THC

The Ninth Circuit affirmed a preliminary injunction in favor of AK Futures LLC (“AK Futures”), a manufacturer of e-cigarette and vaping products, against Boyd Street Distro, LLC (“Boyd Street”), a Los Angeles-based storefront...more

6/30/2022  /  Cannabis Products , DEA , Lanham Act , THC , Trademarks

Generic.com Terms May Be Eligible for Federal Trademark Protection

Today, the Supreme Court held in U.S. Patent & Trademark Office v. Booking.com B.V. that a generic term paired with an internet designation such as “.com” (called a “generic.com” term by the Court) may be eligible for federal...more

Supreme Court Determines No Claim Preclusion of Defense in Trademark Infringement Suit

Today, a unanimous Supreme Court held in Lucky Brand Dungarees, Inc. v. Marcel Fashions Group., Inc. that claim preclusion did not prevent Lucky Brand from asserting a defense it failed to fully litigate in a prior lawsuit...more

Ninth Circuit Holds “Bad Spaniels” Dog Toy Is an “Expressive Work”

The Ninth Circuit Court of Appeals recently held in VIP Products LLC v. Jack Daniel’s Properties, Inc. that the “Bad Spaniels” dog toy is an expressive work entitled to First Amendment protection. The court vacated the United...more

Supreme Court to Decide Two Trademark Cases

The Supreme Court of the United States recently granted certiorari in two trademark cases. In Romag Fasteners v. Fossil, the Court will consider whether courts can order trademark infringers to disgorge their profits without...more

Supreme Court Holds Bar on Immoral or Scandalous Trademarks Unconstitutional

The Supreme Court held Monday that the Lanham Act’s bar on “immoral or scandalous” trademarks is unconstitutional under the First Amendment. Delivering the 6-3 opinion of the Court, Justice Kagan relied on the Court’s...more

SCOTUS Resolves Circuit Split: Trademark License Rejection in Bankruptcy Does Not Terminate Licensee’s Usage Rights

The U.S. Supreme Court recently held in Mission Product Holdings v. Tempnology that a trademark licensor cannot revoke the right of a licensee to use a trademark by terminating a license agreement in bankruptcy. Mission...more

Supreme Court Hears Oral Argument on “Immoral or Scandalous” Trademark Prohibition

Earlier this week, the Supreme Court of the United States heard oral argument in Iancu v. Brunetti regarding the constitutionality of the portion of Lanham Act, Section 2(a) (15 U.S.C. § 1052(a)) that prohibits the United...more

SCOTUS to Consider USPTO’s Attorneys’ Fees Policy

On Monday, the Supreme Court of the United States granted certiorari in Iancu v. NantKwest to resolve a circuit split concerning “expenses” a patent applicant must pay when challenging the United States Patent and Trademark...more

Ninth Circuit Refuses to Vacate Lower Court’s Ruling After Settlement During Appeal

On Tuesday, the Ninth Circuit declined to vacate a district court’s ruling at the request of the parties after they reached a settlement of their trademark dispute. In Reserve Media, Inc. v. Efficient Frontiers, Inc.,...more

Webcast Title Using Trademarks of Another Deemed Nominative Fair Use

The Ninth Circuit Court of Appeals recently held that the title of a webcast, which included two trademarks belonging to another party, constituted nominative fair use, which protected the defendants from trademark...more

How Scandalous! SCOTUS Again Takes up Whether the Lanham Act Violates the First Amendment

On Friday, the Supreme Court of the United States agreed to hear a case that will decide whether the federal ban on trademark protection for “scandalous” material is unconstitutional. In re Brunetti follows the U.S. Patent...more

Supreme Court to Decide Multiple IP Issues This Term

On October 26, 2018, the Supreme Court of the United States (“SCOTUS”) granted certiorari in two IP cases. In Mission Product Holdings, Inc. v. Tempnology, LLC, SCOTUS will address a circuit split on the effect bankruptcy...more

Federal Circuit Holds “Scandalous and Immoral” Ban Unconstitutional

Last Friday, in In re Brunetti, the Federal Circuit held that the ban on “scandalous and immoral” trademarks under 15 U.S.C. § 1052(a) is unconstitutional. The decision follows the June 19, 2017, Supreme Court decision, Matal...more

Glimmers of Justice Gorsuch’s Prospective IP Jurisprudence

On April 10, 2017, Neil Gorsuch was sworn in as the 113th justice of the Supreme Court, filling the vacancy left by Justice Antonin Scalia. While on the Tenth Circuit, Justice Gorsuch wrote opinions on complex trade secret,...more

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