Trademark Infringement, Parody, Appeals

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

Sunstein LLP on 3/28/2025

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

Out of the Doghouse? Jack Daniel's Marks Tarnished but Not Infringed by Bad Spaniels Toy

Venable LLP on 2/25/2025

On January 23, 2025, the United States District Court for the District of Arizona issued a final decision ending the intensely disputed, decade-long litigation between Jack Daniel's Properties, Inc. and VIP Products LLC....more

Wavy Baby’s Shoes Not Entitled to Special First Amendment Protections

Dorsey & Whitney LLP on 2/8/2024

40 years ago, I was the new kid in 6th grade – truly a terrible age in a young girl’s life to try and “fit in” at a new elementary school in a small town. But, one of my best memories from that year was procuring my first...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

Trademark Parody and Freedom of Speech in the U.S.

King & Spalding on 8/31/2020

Food and beverage brands are routinely listed among the most famous and valuable brands in the world. With fame, however, comes the increased chance that a brand will be a target for trademark parodists. A March 2020...more

Supreme Court Dismisses Nespresso Suit against Espresso Club

Barnea Jaffa Lande & Co. on 9/3/2019

The Supreme Court recently dismissed an appeal by Nestlé, the Swiss multinational food and drink processing conglomerate, and its subsidiary corporation Nespresso, filed against our client, the Israeli company Expresso Club....more

Significant Intellectual Property Trademark Decisions

Harris Beach Murtha PLLC on 3/27/2018

2017 was a year filled with significant developments in case law for trademarks. The below rulings highlight some successes and obstacles faced by companies in the protection of their trademarks and their brand as a whole. ...more

Does Louis Vuitton Lack A Sense Of Humor? The Parody Defense Is No Laughing Matter For Brand Owners

Knobbe Martens on 1/18/2017

On December 22, 2016, the Second Circuit gave tote bag manufacturer My Other Bag an early Christmas present by tossing out luxury giant Louis Vuitton’s claims of trademark infringement, copyright infringement, and trademark...more

The Second Circuit Gets the Joke - Affirms Dismissal of Trademark Parody Lawsuit

Dorsey & Whitney LLP on 1/6/2017

Last January, we blogged about a district court decision involving trademark parody in Louis Vuitton Malletier, S.A. v. My Other Bag, Inc. In that decision, the court held that defendant My Other Bag had convincingly argued...more

Litigation Alert: In Louis Vuitton Trademark Suit, Second Circuit Says Parody Prevails Even if Brand Owner Doesn’t “Get” the Joke

Fenwick & West LLP on 12/28/2016

The U.S. Court of Appeals for the Second Circuit recently affirmed the Southern District of New York’s order on summary judgment that My Other Bag’s canvas tote bags do not dilute or infringe Louis Vuitton’s trademarks for...more

Trademark Review | February 2016

Knobbe Martens on 3/1/2016

The Federal Circuit Considers Constitutionality of Refusal to Register Scandalous and Immoral Marks - The Lanham Act prohibits registration of marks that are defamatory, scandalous or immoral. Last month, in In re Tam,...more

Trademark Infringement › Parody › Appeals

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