The dispute at issue in Jack Daniel’s arises from a conflict between the well-known whiskey company and a dog toy company (VIP) regarding VIP’s unauthorized use of Jack Daniel’s trademarks and trade dress in connection with a...more
3/28/2025
/ Appeals ,
Dilution ,
Fair Use ,
First Amendment ,
Injunctions ,
Lanham Act ,
Parody ,
Remand ,
Reversal ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation
At our webinar, "Trademarks & The First Amendment," featuring litigators Lisa Tittemore and Katherine Soule, we promised to provide an update regarding the status of the injunction in the VIP Products v. Jack Daniel’s case....more
In August, Vans, a globally-known footwear and apparel company, and MSCHF, a Brooklyn-based art collective, settled their trademark and trade dress dispute, entering an agreement that permanently enjoins and restrains MSCHF...more
12/30/2024
/ Amicus Briefs ,
Appeals ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Likelihood of Confusion ,
Preliminary Injunctions ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
The USPTO Trademark Trial and Appeal Board issued a precedential decision on April 12, 2024, in favor of Sage Therapeutics, finding a likelihood of confusion between Sage’s SAGE CENTRAL mark and the mark SAGEFORTH, and...more
In a case that has already garnered extensive media attention due to the fame of Jack Daniel’s whiskey and public curiosity regarding a trademark clash involving whiskey and dog toys, the U.S. Supreme Court issued a unanimous...more
6/13/2023
/ Dilution ,
First Amendment ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Parody ,
Popular ,
Rogers Test ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation
In October 2022, the Court of Appeal in the United Kingdom issued a unanimous decision in ruling that Apple must either accept global licensing terms before they have even been determined or face an injunction that would...more
In the wake of an alarming exposé published by The New York Times in January, Clearview AI, Inc., a New York startup, faces a slew of lawsuits. Since the article’s publication, the Vermont Attorney General filed a complaint...more
5/13/2020
/ Algorithms ,
Artificial Intelligence ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Data Breach ,
Data Privacy ,
EU ,
EU Data Protection Laws ,
Facial Recognition Technology ,
Law Enforcement ,
Personally Identifiable Information ,
State Privacy Laws ,
Statutory Violations ,
Terms of Service ,
Web Scraping
On March 4, the Supreme Court overturned a ruling that required Rimini Street to pay $12.8 million for Oracle’s litigation costs in a copyright infringement case. Rimini Street, Inc. v. Oracle USA, Inc. Many of the costs...more
3/27/2019
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Corporate Counsel ,
Damages ,
Expert Fees ,
Judicial Discretion ,
Litigation Fees & Costs ,
Prevailing Party ,
Remand ,
Remedies ,
Reversal ,
Rimini Street Inc v Oracle USA Inc ,
SCOTUS ,
Split of Authority ,
The Copyright Act
Section 411(a) of the Copyright Act provides that “no civil action for infringement of . . . copyright . . . shall be instituted until . . . registration of the copyright claim has been made in accordance with this title.” A...more
3/20/2019
/ Copyright ,
Copyright Applications ,
Copyright Infringement ,
Copyright Office ,
Copyright Registration ,
Damages ,
Filing Requirements ,
Fourth Estate Public Benefit Corp v Wall-Street.com LLC ,
Registration Requirement ,
SCOTUS ,
Statutory Damages ,
The Copyright Act