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Intellectual Property Litigation Dilution

Venable LLP

Out of the Doghouse? Jack Daniel's Marks Tarnished but Not Infringed by Bad Spaniels Toy

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On January 23, 2025, the United States District Court for the District of Arizona issued a final decision ending the intensely disputed, decade-long litigation between Jack Daniel's Properties, Inc. and VIP Products LLC....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

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

Dorsey & Whitney LLP

Jack Daniel’s Remand, Part I: Why Did the Trial Court Give “Little Weight” to a Consumer Survey Showing 29% Confusion?, Op. 1, No....

Dorsey & Whitney LLP on

Seven years ago today, Jack Daniel’s was no doubt riding high. The U.S. District Court for the District of Arizona gave Jack a big shot in the arm with a trademark infringement and dilution victory over Bad Spaniel’s...more

ArentFox Schiff

Generative AI Meets Generative Litigation: News Corp Continues Its Battle Against Perplexity AI

ArentFox Schiff on

Plaintiffs Dow Jones & Company, Inc., NYP Holdings, Inc., and corporate parent News Corporation have renewed their intellectual property (IP) complaint against artificial intelligence (AI)-powered “answer engine” Perplexity...more

Erise IP

What’s Trending in Trademarks, August 2024: What Constitutes an Abandoned Mark? How Famous is Cognac?

Erise IP on

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Fourth...more

McDermott Will & Emery

Unbranded Brandy: COGNAC Certification Mark Matters, Even in Hip-Hop

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit vacated a ruling from the Trademark Trial & Appeal Board, disagreeing with the Board’s dismissal of Bureau National Interprofessionnel du Cognac’s opposition to a trademark...more

Woods Rogers

What Barbenheimer Can Teach Us About Intellectual Property

Woods Rogers on

Barbenheimer is a new term for consecutively watching the movies “Barbie” and “Oppenheimer.”  In honor thereof, we present the Barbenheimer Legal Alert. Did you know Mattel sued, and lost, to stop the “Barbie Girl” song?...more

Dinsmore & Shohl LLP

Trademark Rights In The Metaverse: Lessons Gleaned From The Hermes MetaBirkin Case

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Consider this scenario: you worked hard for many years and spent thousands of dollars building your brand. You even took the proper precautions and registered your trademark with the U.S. Trademark Office. Thanks to all that...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - January 2022: Watching the Pot™

When Fame is the Name of the Game - As of the third quarter of 2021, Swedish music streaming company SPOTIFY boasted 381 million monthly active users worldwide – significantly more than the population of the entire United...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - January 2022

Happy New Year! We’re excited to share the January 2022 issue of Sterne Kessler's MarkIt to Market® newsletter in a newly updated format. This month’s articles discuss the Pantone Color Institute's 2022 Color of the Year –...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - April 2021

[co-author: Joseph Diorio, Law Clerk] The April 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the suit filed by Nike over MSCHF's "Satan Shoes"; the latest PTAB decision in the ongoing battle...more

Hogan Lovells

9th Circuit swivels on trade dress functionality doctrine in favor of iconic Herman Miller office chairs

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The Ninth Circuit rules in favor of furniture designer Herman Miller in its trade dress infringement suit against a copycat manufacturer of knockoff Eames and Aeron office chairs. The court affirms a jury finding that the...more

Foley Hoag LLP - Trademark, Copyright &...

TTAB Balks at Parody Argument in Yankees Trademark Case

In honor of Foley Hoag’s new New York office, we here at the Boston office reluctantly present a victory by the New York Yankees — albeit not one won on the baseball diamond. In a trademark opposition that has been...more

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