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Supreme Court Puts a Leash on Parody Defense in ‘BAD SPANIELS’ Trademark Infringement Case

The US Supreme Court rejected First Amendment defenses raised by the maker of whiskey bottle-shaped dog chew toys branded BAD SPANIELS based on claims of trademark infringement and dilution of JACK DANIEL’S marks. ...more

Breaking News - Hermès Makes History With First NFT Trademark Trial Victory

A New York City jury just returned a verdict in favor of Hermès in a historic dispute between the luxury fashion house and digital artist Mason Rothschild over Hermès’ alleged trademark rights relating to Hermès’ famous...more

Battle of the (Meta) Birkin: Summary Judgment Showdown Shutdown – Hermès v. Rothschild Set for Trial

A dispute between luxury fashion brand Hermès and digital artist Mason Rothschild over Hermès’ alleged trademark rights relating to the Hermès’ Birkin handbag is making waves as a New York federal judge has denied...more

New/Old Threats to IP in the Metaverse

The Metaverse is a minefield for intellectual property (IP) owners. Many of the threats to IP will be familiar — such as unauthorized use of trademarks, copying of content, and misuse of name/image/likeness. However, the best...more

The USPTO Put Its Foot Down on Registering Master Rancher

Is a MASTER RANCHER also the RANCHMASTER? That is the question pondered by the TTAB in this ex parte appeal. The hardware store, True Value Company, despite owning numerous registrations for “MASTER-” formative marks, was...more

A Nice Sentiment, A Bad Trademark

In a precedential opinion issued by the Trademark Trial & Appeal Board in In re Texas With Love, LLC (Serial No. 87793802) (Oct. 29, 2020), the applicant, Texas with Love, LLC, sought registration for the mark TEXAS LOVE for...more

A New Shade of Protectability

The US Court of Appeals for the Federal Circuit recently ruled that color marks can be inherently distinctive when applied to product packaging trade dress. The CAFC upends a long-held understanding that color marks can never...more

An Infringement Target: Trademark Infringement Suit Hits Bullseye for Private Label Brand

Battle of Goodwill - Garnish & Gather LLC is a meal delivery kit service offered to customers in Atlanta, Georgia, since 2013. In connection with its delivery service and its locally sourced produce, G&G registered the...more

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