Citing the common law right to use one’s own name commercially and to prevent others from doing so, the U.S. Supreme Court on June 13, 2024 upheld the constitutionality of a challenged restriction on trademark registration....more
To read the headlines of many media and legal news articles reporting on the Supreme Court’s recent decision in VIP Products, LLC v. Jack Daniel’s Properties, Inc., you’d think that the Court held that the dog chew-toy called...more
7/6/2023
/ First Amendment ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Parody ,
Rogers Test ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
A jury verdict Wednesday morning in a closely watched dispute between an iconic fashion house and a creator and seller of NFTs is a dramatic new development in the ongoing dialogue over the question “What is an expressive...more
The United States Supreme Court has granted certiorari to Jack Daniel’s distillery in its appeal of a Ninth Circuit decision holding that a dog toy manufacturer’s use of the Jack Daniel’s trademarks and label design is...more
Is the Wavy Baby a sneaker or a comment on “sneaker culture”? A commercial product or a collectible artwork? This is the most recent variation on a question that has had growing urgency in trademark law over the past decade:...more