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Lanham Act › Freedom of Expression

Bradley Arant Boult Cummings LLP

Jack Daniel’s and Bad Spaniels: SCOTUS Hears Dog Fight Between Trademark Protection and Parodic Products

Bradley Arant Boult Cummings LLP on

On Wednesday, March 22, the Supreme Court heard a case for the dogs — and trademark law. Whiskey maker Jack Daniel’s Properties, Inc., sued dog toy parody company VIP Products LLC for trademark infringement and dilution over...more

McDermott Will & Emery

First Amendment Punches Out Alleged Lanham Act Violation

McDermott Will & Emery on

Addressing the balance between trademark rights under the Lanham Act and the First Amendment right to protected expression, the US Court of Appeals for the Ninth Circuit affirmed a district court judgment finding that the...more

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

MarkIt to Market® - April 2021: Sole Mates (or Not) – Takeaways from Nike v. Satan Shoes

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

It was hard to escape news last month of the “Satan Shoes” collaboration between Lil Nas X and Brooklyn art collective MSCHF Product Studio (“MSCHF”). The limited (666 pairs) release of custom red and black Nike Air Max...more

Sullivan & Worcester

The Slants and the Future of Disparaging Trademarks

Sullivan & Worcester on

Trademark and copyright law are in a constant struggle with the right of free expression guaranteed under the First Amendment of the US Constitution. This is unavoidable. Copyright laws were enacted to protect authors of...more

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