News & Analysis as of

Brand Free Speech

Baker Donelson

Baker's Trademark Developments of 2024

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2024 has been a busy year in all intellectual property. It has been especially busy in trademark law. Here are the top seven cases in trademark law to date....more

Fox Rothschild LLP

Jack Daniel's Wins Supreme Court Battle with Dog Toy Seller Who Mocked Iconic Brand

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In a win for brand owners across the country, the U.S. Supreme Court ruled last week that potential infringers as a threshold matter are not automatically shielded from liability by simply claiming their infringement includes...more

Dechert LLP

Trademark Protection and Protected Speech In and Out of the Metaverse

Dechert LLP on

The line between free speech and brand protection remains blurry after a February jury verdict in the NFT case of Hermès Int’l. v. Rothschild and the recent Supreme Court oral arguments in Jack Daniel’s Properties, Inc. v....more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l February 2020 #2

LEGISLATION, REGULATIONS & STANDARDS - France to Ban Mass Culling of Male Chicks - France’s agriculture minister has reportedly announced that the country will prohibit the mass culling of male chicks shortly after they...more

Sunstein LLP

Humvee Goes Into Battle: Will Its Trademarks Leave Tread Marks on Video Game Makers?

Sunstein LLP on

The realism of video games is intensified by the inclusion of products and brands we recognize from daily life. Can the thrill of such verisimilitude coexist alongside the rights of trademark owners?...more

Hogan Lovells

Practical Pointers: Social Media Guidelines for Public Officials (and the People who Advise Them)

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Social media has transformed the ways legislators and their staff interact with constituents. Through social media platforms, our elected officials share insights into the legislative process, communicate with constituents,...more

Dorsey & Whitney LLP

Cannabis Shirt Battle Costs Iowa State Almost $1M

Dorsey & Whitney LLP on

We previously posted about a four year legal battle that arose from a refusal by Iowa State University to let its school logos be used on t-shirts by an on-campus pro-cannabis group, and the free speech implications of this...more

Dorsey & Whitney LLP

Cannabis Branding and Free Speech Considerations

Dorsey & Whitney LLP on

A recent out-of-court settlement following an 8th Circuit decision in Gerlich v. Leath highlights some of the unique legal issues that surround the branding of products in the cannabis space. In 2012, two students at Iowa...more

Proskauer - Advertising Law

Justice (and Lunch) is Served: Second Circuit Holds that Food Truck Branded with Ethnic Slurs is Entitled to First Amendment...

In a recently issued decision, the Second Circuit held that a food truck could not be excluded from a New York State lunch program solely because the truck and the food it sells was branded using ethnic slurs. Wandering Dago,...more

Dickinson Wright

Brandmarking: Taylor Swift’s Excellent Brandmarking Adventure - March 2015 - Volume 4, Number 2

Dickinson Wright on

Taylor Swift’s Excellent Brandmarking Adventure - Making a splash is more or less what pop stars and other celebrities do for a living. But not many of them do it by applying for federal trademark registrations....more

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