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First Amendment Supreme Court of the United States Injunctions

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Sunstein LLP

Bad Spaniels on Remand: Parody Provides an Escape from Infringement But Not From Dilution

Sunstein LLP on

The dispute at issue in Jack Daniel’s arises from a conflict between the well-known whiskey company and a dog toy company (VIP) regarding VIP’s unauthorized use of Jack Daniel’s trademarks and trade dress in connection with a...more

McDermott Will & Emery

Dog Toy Maker in the Doghouse (Again) for Tarnishing Jack Daniel’s Marks

Addressing this case for the third time, the US District Court for the District of Arizona found on remand that Jack Daniel’s was entitled to a permanent injunction after finding that VIP Products’ “Bad Spaniels” dog toy...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Finds Art Collective Can’t Use First Amendment to Skate Out of Injunction

In its first opportunity to apply the Supreme Court’s recent decision in Jack Daniel’s Properties v. VIP Products LLC, which held that the First Amendment did not protect infringing works that “use [the complainant’s] mark [...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Tandon v. Newsom

On April 9, 2021, the Supreme Court held in Tandon v. Newsom that California’s limitations on religious gatherings in homes likely violate the Free Exercise Clause of the First Amendment. The Court therefore enjoined...more

Womble Bond Dickinson

Judge Kiser Dissolves Injunction Allowing Confederate Flag on License Plates

Womble Bond Dickinson on

On Friday, July 31, 2015, in Danville, Virginia -- the last capital of the Confederate States of America -- U.S District Court Judge Jackson Kiser presided over a court hearing about whether the Commonwealth of Virginia...more

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