News & Analysis as of

Summary Judgment First Amendment Trademarks

Vorys, Sater, Seymour and Pease LLP

The Supreme Court and Intellectual Property in 2024-2025: What Was Decided, What Is To Come And What Was Declined

In wrapping up the 2023-24 term and embarking on the 2024-25 term, the Supreme Court was asked to decide a number of intellectual property cases. The Court issued several significant opinions in 2024 and has taken several...more

McDermott Will & Emery

Rebel Libertarians Aren’t at Liberty to Violate Lanham Act

In a case that required the US Court of Appeals for the Sixth Circuit to articulate the boundary between the Lanham Act and the First Amendment when the trademark in question is the name of a political party, the Court found...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

Skadden, Arps, Slate, Meagher & Flom LLP

Jury Finds That ‘MetaBirkin’ NFTs Infringed Hèrmes’ Trademark Rights

At the heart of what is considered the first NFT trademark trial were two competing arguments: Were the artist Mason Rothschild’s creation of “MetaBirkin” NFTs — digital images of blurry faux fur-covered handbags inspired by...more

Nelson Mullins Riley & Scarborough LLP

NFTs Found to Infringe Hermès Trademark

In a case with clear implications for non-fungible token art-based projects, a federal jury in the case of Hermès International, et al. v. Mason Rothschild, 1:22-cv-00384 (SDNY), found in favor of fashion brand Hermès in its...more

ArentFox Schiff

Battle of the (Meta) Birkin: Summary Judgment Showdown Shutdown – Hermès v. Rothschild Set for Trial

ArentFox Schiff on

A dispute between luxury fashion brand Hermès and digital artist Mason Rothschild over Hermès’ alleged trademark rights relating to the Hermès’ Birkin handbag is making waves as a New York federal judge has denied...more

Fox Rothschild LLP

SCOTUS Agrees to Engage in Some Whiskey Business

Fox Rothschild LLP on

On Monday, November 21st, the U.S. Supreme Court agreed to hear an appeal filed by Jack Daniel’s. In this appeal, Jack Daniel’s argued that the Ninth Circuit erred by upholding the lower court’s grant of summary judgment to...more

Proskauer Rose LLP

Three Point Shot - July 2022

Proskauer Rose LLP on

Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. In this double...more

Greenberg Glusker LLP

[Webinar] Entertainment & IP Cases You May Have Missed While Quarantining - May 19th, 10:00 am - 11:00 am PT

Greenberg Glusker LLP on

Please join us as three of Greenberg Glusker’s entertainment and media litigators present a round-up of notable intellectual property and entertainment cases from the past few months that you may have overlooked during the...more

Fenwick & West LLP

Good News for Game Developers: Court Extends Protections for Using Others’ Trademarks in the Advertising of Artistic Works

Fenwick & West LLP on

In a move that will likely benefit game developers, the U.S. Court of Appeals for the Ninth Circuit explicitly held that First Amendment protection extends to use of third-party trademarks in the commercial promotion of an...more

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