News & Analysis as of September 21, 2024

Trademarks › Tarnishment

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A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +

Supreme Court to Consider First Amendment Protection for Parody Dog Toy

McDermott Will & Emery on 11/30/2022

The Supreme Court of the United States has agreed to consider the scope of protection afforded by the First Amendment to commercial parody products that feature the unauthorized use of another party’s trademark(s). Jack...more

Jack in the Box Pops a Spring Over FTX “Moon Man” Mascot

Weintraub Tobin on 12/23/2021

In November 2021, fast-food chain Jack in the Box sued FTX, a cryptocurrency exchange launched in 2019, over an allegedly infringing mascot named Lunar, referred to as “Moon Man”. FTX featured its Moon Man character in...more

Hair of the Dog? Squeaker Toy Is Expressive Work

McDermott Will & Emery on 4/16/2020

Addressing whether a dog toy meant to humorously evoke a bottle of whiskey was entitled to First Amendment protection, the US Court of Appeals for the Ninth Circuit held that the toy was a protectable expressive work. The...more

Simon Cowell picks bone with “The Pets Factor” UK trade mark

International Lawyers Network on 7/13/2019

When TV format creator Mark Duffy struck upon the tongue-in-cheek name “The Pets Factor” for what was (presumably) a talent competition for domestic animals, he might well have smiled at his own ingenuity. Conversely, when...more

Stirring the Pot: Recent Trademark Infringement Claims from Major Brands In the Cannabis Field

Knobbe Martens on 5/31/2019

What do UPS and TAPATIO hot sauce have in common? Based on recent California Court filings, both companies are serious about protecting their trademarks from infringement by entities in the cannabis space. In 2019, both...more

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