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Trademark Monitoring: What Girl Scout Cookies Can Teach Us About Intellectual Property

It’s cold in southeastern Wisconsin, and that can mean only one thing—it’s nearly Girl Scout Cookie season and time to restock my favorites for the year. On learning that the cookie Toast-Yay!® will be retiring, I wondered...more

Disney's Icon Unleashed: Mickey Mouse & The Dual Dance of Copyright and Trademark Laws

Copyrights protect creative works. Trademarks protect indicators of source. Can a creative work also act as a trademark? Yes, and the character of Mickey Mouse as portrayed in Disney’s animated classic Steamboat Willie is a...more

“Taco Tuesday” Serves Up Lessons on Trademark Protection

If you’re celebrating Taco Tuesday, where are you going? If you answered anything other than Taco John’s, you’re guilty of aiding in trademark genericization. Taco John’s (now owned by Spicy Seasonings, LLC) obtained a...more

Supreme Court Rules in Favor of Commercial Use Over Dog Toy Parody in Trademark Case

On June 8, 2023, in a unanimous decision, the Supreme Court of the United States found in favor of Jack Daniel’s in deciding that a whiskey bottle-inspired dog toy, “Bad Spaniels,” used Jack Daniel’s trademarks in a...more

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