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Trademark Litigation Preemption

Benesch

AI Reporter - August 2025

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The United States Senate’s 99-1 vote to lift a 10-year ban on state-level AI regulation marked a major shift in tech policy, challenging efforts by companies like OpenAI and Google to maintain uniform federal oversight. The...more

Ladas & Parry LLP

Accessory Designer Prevails in Lawsuit Brought by Frankie Edith Kerouac Parker's Estate

Ladas & Parry LLP on

In Moran, personal representative of the estate of Frankie Edith Kerouac Parker v Edie Parker LLC (Case No 20-cv-12717 (ED Mich), 27 September 2021), the US District Court for the Eastern District of Michigan addressed the...more

Akerman LLP - Marks, Works & Secrets

Lanham Act Preemption of State Law Where Cannabis Trademarks Are At Issue

As cannabis products become legal in more and more states, commercial interest grows in protecting the trademarks associated with those products.  The United States Patent and Trademark Office has maintained its refusal to...more

Dorsey & Whitney LLP

Court Trims Cannabis Company’s Prior Use Defense Based on Preemption by Federal Trademark Law

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A federal district court has eliminated a cannabis company’s affirmative defense to federal trademark infringement claims based on the company’s prior use of a trademark that was legal under state law but not federal law. The...more

Dorsey & Whitney LLP

Dispute Over KIVA Trademark Continues to Smolder

Dorsey & Whitney LLP on

A dispute over the trademark KIVA involving use of the mark with health food and cannabis continues to smolder in the Northern District of California. In late 2018, Kiva Health Brands (a national health food and...more

WilmerHale

Copyright and Trademark Case Review: The Slants, The Sims and SCAR Rifles

WilmerHale on

Supreme Court Agrees to Review Bar on Registration of Disparaging Marks, Denies Washington Redskins' Petition to Join Proceedings - Supreme Court Agrees to Review Bar on Registration of Disparaging Marks, Denies...more

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