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Bad Spaniels on Remand: Parody Provides an Escape from Infringement But Not From Dilution

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

Wavy Baby Waves Goodbye to its Attempt at Humor

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

Supreme Court Vacates and Remands the Lower Court's Ruling in Jack Daniel’s Properties Inc. v. VIP Products LLC

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

March 2019 IP Update - Not All Litigation Expenses Are Recoverable Under the Copyright Act

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

March 2019 IP Update: Copyright Owners Must Wait to File Infringement Claims

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

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