News & Analysis as of

Consumer Confusion Trade Dress Likelihood of Confusion

Brooks Kushman P.C.

Dupes, Not Counterfeits: Why Look-Alike Products Are the Trademark Battleground of 2026

Brooks Kushman P.C. on

“Dupes” are no longer just a social media trend or a consumer wink-wink. They are now a serious brand-protection issue sitting at the intersection of trademark law, design rights, and digital marketing. The key legal question...more

McDermott Will & Schulte

Solidarity: Union’s commercial use may be Lanham Act violation

The US Court of Appeals for the Ninth Circuit reversed and remanded a district court’s dismissal of a Lanham Act action, finding that this case was not the rare instance where there was no plausible likelihood that a...more

Pillsbury - Internet & Social Media Law Blog

Bad Spaniels III: The Paradox of Parody in Trademark Cases Ex-Rogers

After a decade of litigation and a pivotal Supreme Court ruling from 2023, the legal battle between Jack Daniel’s and VIP Products has taken yet another turn, this time back in favor of Jack Daniel’s. On remand from the...more

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