At our webinar, "Trademarks & The First Amendment," featuring litigators Lisa Tittemore and Katherine Soule, we promised to provide an update regarding the status of the injunction in the VIP Products v. Jack Daniel’s case....more
Sometimes it is all about the money. In Motorola v. Hytera, the Seventh Circuit Court of Appeals addressed “a large and blatant theft of trade secrets” from Motorola by its competitor Hytera. The damages awarded to Motorola,...more
8/29/2024
/ Compensatory Damages ,
Damages ,
Defend Trade Secrets Act (DTSA) ,
Infringement ,
Injunctive Relief ,
Intellectual Property Protection ,
Motorola ,
Permanent Injunctions ,
SCOTUS ,
The Copyright Act ,
Theft ,
Trade Secrets
In a case that has already garnered extensive media attention due to the fame of Jack Daniel’s whiskey and public curiosity regarding a trademark clash involving whiskey and dog toys, the U.S. Supreme Court issued a unanimous...more
6/13/2023
/ Dilution ,
First Amendment ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Parody ,
Popular ,
Rogers Test ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation
On November 21, 2022, the United States Supreme Court granted a petition for certiorari in Jack Daniel’s Properties, Inc., v. VIP Products LLC. The case is an appeal of a Ninth Circuit decision which held, among other things,...more
12/14/2022
/ Brand ,
Certiorari ,
Dilution ,
First Amendment ,
Intellectual Property Protection ,
Lanham Act ,
Likelihood of Confusion ,
Rogers Test ,
Trade Dress ,
Trademark Infringement ,
Trademarks
NFTs continue to make waves, even as there is much speculation about their long-term future. As we have previously written, non-fungible tokens, or NFTs, present novel challenges and opportunities for intellectual property...more
8/10/2021
/ Art Sales ,
Blockchain ,
Digital Assets ,
Distributed Ledger Technology (DLT) ,
Intellectual Property Protection ,
Non-Fungible Tokens (NFTs) ,
Patent Ownership ,
Patents ,
Popular ,
Smart Contracts ,
Transfer of Rights
Non-fungible tokens (or “NFTs”) are expanding rapidly into the mainstream in new and creative ways, behooving us to learn more about them. An NFT is a digitized, authenticated “token” that is linked to a digital asset. NFTs...more
In U.S. trademark litigation, the focus is typically on injunctive relief: The plaintiff wants the defendant to cease use of the infringing mark before the plaintiff’s reputation is harmed or the strength of the mark is...more
6/11/2020
/ § 1125(a) ,
§ 1125(c) ,
Appeals ,
Burden of Proof ,
Charge-Filing Preconditions ,
Compensatory Awards ,
Dilution ,
Lanham Act ,
Lost Profits ,
Remand ,
Remedies ,
Romag Fasteners v Fossil ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated ,
Willful Infringement