PODCAST: Williams Mullen's Trending Now: An IP Podcast - Cease and Desist Letters: Protecting Your Intellectual Property the Right Way
PODCAST: PODCAST: Williams Mullen's Trending Now: An IP Podcast - Cease and Desist Letters: Protecting Your Intellectual Property the Right Way
Supreme Court Miniseries: Zero Spoof Whiskey
Podcast - The Briefing by the IP Law Blog: Bad Spaniels in the Doghouse â Jack Daniels Prevails in Trademark Fight
The Briefing by the IP Law Blog: Bad Spaniels in the Doghouse â Jack Daniels Prevails in Trademark Fight
Polsinelli Podcasts - The Latest on a Shift in Regulation in Dietary Supplements
On this episode of Trending Now â An IP Podcast, Carmelle Alipio and Janet Cho discuss one of the most effective tools for enforcing intellectual property rights: the cease-and-desist letter. They break down the essentials,...more
Cease-and-desist letters, often referred to as demand letters, are a valuable tool in defending your intellectual property rights, including copyrights and trademarks. Cease-And-Desist Letters For Copyright Or Trademark...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 DANIELâS marks. ...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 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 plaintiffâs trademark....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
On June 8, 2023, the Supreme Court issued a highly anticipated decision in Jack Daniel's Properties, Inc. v. VIP Products LLC, No. 22-148 (U.S.). The decision left intact existing legal protections for the use of trademarks...more
On June 8, 2023, the U.S. Supreme Court issued its decision in Jack Danielâs Properties, Inc. v. VIP Products, LLC and provided some clarity as to the applicability of the âRogers test,â a doctrine that grapples with the...more
On June 8, 2023, the Supreme Court of the United States issued its decision in Jack Danielâs Properties, Inc. v. VIP Products, LLC, a trademark case concerning the First Amendment parody defense. In a unanimous opinion...more
It may be punny or even funny, but a unanimous Supreme Court has decided that the âBad Spanielsâ dog-toy brand may infringe and dilute the âJack Danielâsâ trademark. Last weekâs opinion puts an end to the toy makerâs...more
Key Take-Aways - Infringers/diluters who are using anotherâs mark to identify the source of their own good or service cannot rely on Rogers (to shield from application of the likelihood of confusion factors) or âfair useâ...more
In Jack Daniels Properties, Inc. v. VIP Products LLC, (slip. op. No. 22-148, June 8, 2023), the United States Supreme Court reversed the Ninth Circuit, ruling that a âBad Spanielsâ dog toy designed to look like a Jack Daniels...more
The Supreme Court issued its ruling yesterday in a trademark lawsuit between Jack Danielâs and the seller of a dog toy resembling a bottle of Jack Danielâs famous whiskey. In a unanimous decision, the Court reversed the...more
The Supreme Court unanimously sided with Jack Danielâs in the much-anticipated trademark case pitting trademark protection against parodic products. However, SCOTUS did not reach a final conclusion on whether VIP Productsâ...more
Humor matters, but itâs not the most important thing when considering a trademark infringement or dilution claim. In a decision with references to The Hangover Part II, Aquaâs song âBarbie Girlâ (good luck not getting that...more
On June 8, 2023, in a unanimous decision, the Supreme Court held that parody products that mimic the trademarks and trade dress of recognized brands can constitute trademark infringement, subject to the standard test of...more
Battle of Goodwill - Garnish & Gather LLC is a meal delivery kit service offered to customers in Atlanta, Georgia, since 2013. In connection with its delivery service and its locally sourced produce, G&G registered the...more
One year ago, I wrote a post about the Lohan v. Take-Two Interactive case in which Lindsay Lohan thought she recognized her image in Take-Twoâs Grand Theft Auto V (âGTAVâ) video game. Many people who notice that they resemble...more
Chances are you have seen rumblings of creative, even (dare I say) funny cease-and-desist letters, particularly those aimed towards trademark or copyright infringement, popping up in the news. You know the ones: an actor...more
Presentation Goals - ⢠WHAT - Build and maintain strong brand equity through proper trademark policing ⢠HOW - Protect the brand via a custom enforcement strategy ⢠CONSIDERATIONS - Promote ethical investigations in...more
Alarm bells rather than wedding bells are ringing in the insular but passionate world of romance novels as authors and publishers grapple with the question whether an author can claim exclusive rights to use âcockyâ in book...more
On October 19, 2017 Hush Hush Sound Inc, Michael David, and Tyler Blake (collectively âPlaintiffsâ) also known as the Electronic dance music duo âClassixxâ filed suit in the District Court for the Central District of...more
In a decision of 6 December 2016, the French Supreme Court of the Judiciary (âCour de Cassationâ) provided a very useful clarification in relation to unfair competition claim (âconcurrence dĂŠloyaleâ, a tortious action) based...more