News & Analysis as of August 2, 2025

Trademark Litigation

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The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -

Dog Toy Maker in the Doghouse (Again) for Tarnishing Jack Daniel’s Marks

McDermott Will & Emery on 2/7/2025

Addressing this case for the third time, the US District Court for the District of Arizona found on remand that Jack Daniel’s was entitled to a permanent injunction after finding that VIP Products’ “Bad Spaniels” dog toy...more

Trademark Tensions on the Track: Court Upholds First Amendment Protections in Haas v. Steiner

Robins Kaplan LLP on 11/15/2024

The intersection of trademark law and creative expression continues to evolve, most recently in Haas Automation, Inc. v. Guenther Steiner and Ten Speed Press, 2024 WL 4440914 (C.D. Cal. September 25, 2024). Haas provides...more

Rebel Libertarians Aren’t at Liberty to Violate Lanham Act

McDermott Will & Emery on 9/5/2024

In a case that required the US Court of Appeals for the Sixth Circuit to articulate the boundary between the Lanham Act and the First Amendment when the trademark in question is the name of a political party, the Court found...more

[Webinar] Trademark Trends: A Mid-Year Review - July 17th, 1:00 pm - 2:00 pm EDT

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 7/16/2024

Join Sterne Kessler’s Global Trademark & Brand Protection team for our mid-year review webinar, when we will take a closer look at the latest developments in trademark law. From recent court decisions to industry-trends, our...more

Is the Art of Parody Dead? - Implications of SCOTUS Jack Daniel’s Opinion A Year Later

Dorsey & Whitney LLP on 6/27/2024

It has been a year since the Supreme Court issued its decision in the multiple-year legal battle between VIP Products LLC and Jack Daniel’s. We covered this dispute when it was back at the 9th Circuit....more

Trademarking History: Justices Uphold Names Clause, Clash Over Reasoning

Bradley Arant Boult Cummings LLP on 6/21/2024

On June 13, 2024, the Supreme Court handed down its decision in Vidal v. Elster, a case that pitted trademark law against the First Amendment’s free speech protections. While the Court unanimously upheld the Patent and...more

Lanham Act’s Personal Names Restriction Does Not Violate First Amendment

Seyfarth Shaw LLP on 6/19/2024

As expected, based on the tenor of the Justices’ questions during oral argument, the U.S. Supreme Court has ruled against a trademark applicant seeking to register a mark commenting on former President Donald Trump. The...more

The IP of Everything Podcast - Episode 22 - The IP of Dog Toys

Womble Bond Dickinson on 2/5/2024

Explore the legal intricacies of dog toy trademarks such as Chewy Vuitton and Bad Spaniels. Uncover key cases, including a pivotal Supreme Court showdown, with implications for both canines and intellectual property at large....more

The Briefing: Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision

Weintraub Tobin on 2/2/2024

As Scott Hervey previously wrote on the IP Law Blog, the holding in the Supreme Court case Jack Daniels Properties v. VIP Products limits the applicability of the Rogers test. Scott and Jamie Lincenberg talk about this case...more

6 Key Takeaways - Recent Developments in United States Trademark and Unfair Competition Law

Kilpatrick on 1/22/2024

Kilpatrick partner Ted Davis spoke recently at the New York State Bar Association IP Section Annual Meeting on recent developments in United States trademark and unfair competition law. The following are highlights from...more

Parody of Iconic Sneaker Isn’t Entitled to Heightened First Amendment Protection

McDermott Will & Emery on 12/14/2023

The US Court of Appeals for the Second Circuit upheld a temporary restraining order and preliminary injunction enjoining use of a trademark and trade dress associated with an iconic sneaker design over a First Amendment...more

Second Circuit Finds Art Collective Can’t Use First Amendment to Skate Out of Injunction

Sheppard Mullin Richter & Hampton LLP on 12/8/2023

In its first opportunity to apply the Supreme Court’s recent decision in Jack Daniel’s Properties v. VIP Products LLC, which held that the First Amendment did not protect infringing works that “use [the complainant’s] mark [...more

[Webinar] 2024 IP Outlook: Trends Affecting Patent, Trademark, Copyright and Trade Secret Holders - December 12th, 1:00 pm - 2:00...

McDermott Will & Emery on 12/6/2023

As 2023 draws to a close, new developments continue to emerge across the patent, trademark, copyright and trade secret spaces. Join members of McDermott’s Intellectual Property Group for a year-end review that will explore...more

What’s in a Name? Too Much to Trademark According to the USPTO

Bradley Arant Boult Cummings LLP on 11/1/2023

With the U.S. Supreme Court beginning a new session, many are wondering what new issues the Court will address this term. One case the Court is scheduled to hear involves the relationship between the Lanham Act and First...more

“[It’s All Good, Man],” Says S.D.N.Y. to AMC

Irwin IP LLP on 10/6/2023

This week, the U.S. District Court for the Southern District of New York dismissed Liberty Tax Services’ suit alleging trademark and trade dress infringement, trademark dilution, and defamation against AMC for AMC’s use of...more

Supreme Court Puts a Leash on Parody Defense in ‘BAD SPANIELS’ Trademark Infringement Case

ArentFox Schiff on 8/17/2023

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 DANIEL’S marks. ...more

Is the Legal Test for Expressive Use of a Trademark on The Rocks? Jack Daniel’s Prevails at the Supreme Court

International Lawyers Network on 7/27/2023

The Bottom Line - The U.S. Supreme Court recently decided that, when using another’s trademark “as a designation of source for the infringer’s own goods,” one is not entitled to a First Amendment defense even if the use...more

What Barbenheimer Can Teach Us About Intellectual Property

Woods Rogers on 7/21/2023

Barbenheimer is a new term for consecutively watching the movies “Barbie” and “Oppenheimer.” In honor thereof, we present the Barbenheimer Legal Alert. Did you know Mattel sued, and lost, to stop the “Barbie Girl” song?...more

U.S. Supreme Court Holds Parody Trademarks to Likelihood of Confusion Standard

Husch Blackwell LLP on 7/19/2023

On June 8, 2023, the U.S. Supreme Court issued its decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC, holding that parody trademarks do not receive special First Amendment protection when they function as...more

Supreme Court Miniseries: Zero Spoof Whiskey

WilmerHale on 7/13/2023

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

Importance of Jack Daniel’s When Picking a Trademark

Woods Rogers on 7/13/2023

Branding, including acquiring and protecting your trademarks, is essential to growing your business and protecting against other companies getting a free-ride on your reputation and goodwill. In 2007, Louis Vuitton sought to...more

U.S. Supreme Court Sides with Jack Daniel’s in Lanham Act Dispute Over Parody Dog Toy

Houston Harbaugh, P.C. on 7/10/2023

On June 8, 2023, the U.S. Supreme Court clarified two intellectual property issues in deciding Jack Daniel's Properties, Inc. v. VIP Products LLC: 1. When an alleged infringer uses a trademark as a designation of source...more

Podcast - The Briefing by the IP Law Blog: Bad Spaniels in the Doghouse – Jack Daniels Prevails in Trademark Fight

Weintraub Tobin on 7/7/2023

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

Supreme Court Holds Parody Defense Cannot Shield Alleged Infringers From Trademark Infringement Claims When Trademark Use is...

Haug Partners LLP on 7/6/2023

For the full background, see our prior article, Can The Parody Defense Protect Against Trademark Infringement When The Use Is Commercial In Nature? ...more

What Lies Ahead for Jack Daniel’s and for the Rogers Test?

Miller Nash LLP on 7/6/2023

To read the headlines of many media and legal news articles reporting on the Supreme Court’s recent decision in VIP Products, LLC v. Jack Daniel’s Properties, Inc., you’d think that the Court held that the dog chew-toy called...more

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First Amendment › Intellectual Property Protection › Trademark Litigation

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