The Briefing: IOC Goes For Gold In Trademark Suit Over Logan Paul - Kevin Durant Sports Drink
The Briefing: IOC Goes For Gold In Trademark Suit Over Logan Paul - Kevin Durant Sports Drink (Podcast)
The Briefing by the IP Law Blog: The Strength of a Trademark (Archive) Podcast
The Briefing: Brandy Melville Doubles Down Against Redbubble (Podcast)
AGG Talks: Cross-Border Business - How Foreign Companies Can Protect Their IP and Brand in the U.S.
Tag, You’re Sued: Graffiti Artists Sue Over Use of Their Tags
(Podcast) The Briefing: Tag, You’re Sued: Graffiti Artists Sue Over Use of Their Tags
The IP of Everything Podcast - Episode 22 - The IP of Dog Toys
(Podcast) The Briefing: Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision
The Briefing: Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision
8 Key Takeaways | The Presumption of Irreparable Harm After the Trademark Modernization Act of 2020
The Briefing: Once Upon A Time – SCOTUS Rejects Trademark Infringement Claim Against Quentin Tarantino Film
(Podcast) The Briefing: Once Upon A Time – SCOTUS Rejects Trademark Infringement Claim Against Quentin Tarantino Film
Podcast - The Briefing: When Parmesan isn’t Parmesan – Cheese Consortium Attempts to Fight Off Counterfeit Cheese
Podcast: The Briefing - How to Avoid Bearing The Risks of A Naked License
The Briefing: How to Avoid Bearing The Risks of A Naked License
Entertainment Law Update Episode 160 – August/September 2023
Podcast: The Briefing - Shedding Light on ‘Willful Blindness’: Brandy Melville v Redbubble
The Briefing: Shedding Light on ‘Willful Blindness’: Brandy Melville v Redbubble
The Briefing: The Supreme Court Limits the Reach of The Lanham Act [PODCAST]
Nike and Japanese fashion brand A Bathing Ape (BAPE) have settled a trademark infringement lawsuit over BAPE’s alleged on-again, off-again infringement of some of Nike’s most iconic sneaker designs. The settlement requires...more
The Second Circuit issued a ruling on May 28, 2024, in a trade dress case, affirming the district court's decision that Redemption Whiskey diluted the trademark and trade dress rights of Bulleit Whiskey since Redemption's...more
In BBK Tobacco & Foods LLP v. Cent. Coast Agric., Inc., 97 F.4th 668 (9th Cir. 2024), the Ninth Circuit Court of Appeals held that federal district courts have power to adjudicate trademark applications pursuant to the Lanham...more
40 years ago, I was the new kid in 6th grade – truly a terrible age in a young girl’s life to try and “fit in” at a new elementary school in a small town. But, one of my best memories from that year was procuring my first...more
Explore the legal intricacies of dog toy trademarks such as Chewy Vuitton and Bad Spaniels. Uncover key cases, including a pivotal Supreme Court showdown, with implications for both canines and intellectual property at large....more
When a retail brand has a consistent, unique look and seeks enforcement against a too-similar competitor or a brash counterfeiter, trade dress protection under the Lanham Act provides the muscle. But part of what makes trade...more
Wayfarers Chapel, a Rancho Palos Verdes church, sued Malibu wedding chapel Calamigos Ranch on trademark and trade dress infringement grounds, as well as unfair competition. Interestingly, Wayfarers Chapel alleged in their...more
The US Court of Appeals for the Second Circuit upheld a temporary restraining order and preliminary injunction enjoining use of a trademark and trade dress associated with an iconic sneaker design over a First Amendment...more
Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means...more
Seeing an opportunity to capitalize on comedic freedom of speech and parodistic liberties (think Weird Al Yankovic and Aqua’s Barbie Girl hit song), a pet toy maker decided to create a chewable, squeaky dog toy shaped like...more
This week, the U.S. District Court for the Southern District of New York dismissed Liberty Tax Services’ suit alleging trademark and trade dress infringement, trademark dilution, and defamation against AMC for AMC’s use of...more
After a de novo review, the US Court of Appeals for the Sixth Circuit affirmed in part and reversed in part a district court’s motion to dismiss, finding the competing marks sufficiently similar to avoid dismissal, and the...more
What is the difference between a traditional trademark and trade dress protection? Traditional Trademarks - According to the USPTO - A trademark can be any word, phrase, symbol, design, or a combination of these things...more
The US Court of Appeals for the Third Circuit upheld a district court’s decision that a candymaker cannot trademark the shape and colors of watermelon candy, finding that the combined colors and shape of the candy are...more
The US Supreme Court rejected First Amendment defenses raised by the maker of whiskey bottle-shaped dog chew toys branded BAD SPANIELS based on claims of trademark infringement and dilution of JACK DANIEL’S marks. ...more
On remand from the Sixth Circuit, the Eastern District of Michigan (“District Court”) declined FCA US LLC’s (“Jeep”) motion to enjoin importation of rival automaker Mahindra’s post-2020 ROXOR utility terrain vehicle (“UTV”). ...more
The Bottom Line - The U.S. Supreme Court recently decided that, when using another’s trademark “as a designation of source for the infringer’s own goods,” one is not entitled to a First Amendment defense even if the use...more
In the Public Interest is excited to present a miniseries examining notable decisions recently issued by the United States Supreme Court. The first episode in the miniseries welcomes WilmerHale Partner Thomas Saunders, who...more
The U.S. Supreme Court provided clarification on the application of the Rogers test in relation to Jack Daniels v. VIP Products. Scott Hervey and Jamie Lincenberg talk about this ruling on this episode of The Briefing by the...more
The Bad Spaniels and MetaBirkin cases clarify that artistic expression is no foolproof defense to trademark infringement. Brand owners welcomed the decision the US Supreme Court rendered in Jack Daniel's Properties Inc....more
Thank you for reading the June 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we begin a three-part series that closely examines ways to lose trademark rights; share an article that examines the...more
On June 8, 2023, brand owners breathed a sigh of relief with the Supreme Court’s unanimous ruling consistent with prior jurisprudence that potential infringers of a famous trademark are not precluded from liability by merely...more
The U.S. Supreme Court, in a unanimous decision, vacated a decision by the Ninth Circuit that in effect barred trademark infringement and dilution claims against the use of a trademark that parodies the plaintiff’s trademark....more
The Ninth Circuit recently upheld a district court’s decision in favor of furniture designer Jason Scott Collection, Inc. (“JSC”) against Trendily Furniture, LLC, Trendily Home Collection, and Raul Malhotra (collectively,...more
Whether you operate a large e-commerce company on Amazon, a specialized artisan store on Shopify or Etsy, or a local t-shirt company, all brands producing products resembling famous marks should consider the implications of...more