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The Supreme Court Modifies the Relationship Between Free Speech and Trademark Rights in Jack Daniel’s Properties, Inc. v. VIP...

I. Introduction - The test for trademark and service mark infringement first set forth in Rogers v. Grimaldi, has played an increasingly significant role in challenges to the titles and contents of creative works since...more

The Supreme Court Abrogates Willfulness as a Bright-Line Prerequisite for Accountings of Profits Under the Lanham Act

For years, the federal courts of appeals have been split on an issue of critical importance to litigants under the Lanham Act, namely, whether a prevailing plaintiff seeking an accounting of the defendant’s profits under...more

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