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
Which is less reliable, the Supreme Court’s recent decision in the much-watched case of Warhol v. Goldsmith or what reporters and commentators have said about it?
Widely reported as a case alleging that Andy Warhol’s...more
With little comment and reportage, the U. S. Supreme Court decided on May 18 that the “safe harbor” granted to the operators of online platforms precluded claims that an algorithmic process that allowed terrorist recruiting...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
The United States Supreme Court has a new opportunity to look at whether a U.S. trademark owner can recover damages for infringing uses of the owner’s mark occurring outside the United States....more