The Third Circuit has now shown its work. On October 1, 2026, Above the Fold reported that the court affirmed the judgment for Thomson Reuters in its suit against Ross
Continue Reading Easy Isn’t Fair: The Third Circuit Explains Why Copying Westlaw Headnotes to Train AI Failed the Fair Use TestThe Third Circuit Just Handed Copyright Owners Their First Appellate Win in the AI Training Wars — And the Implications Reach Far Beyond Legal Research
The first U.S. appellate court to weigh in on whether AI training on copyrighted material qualifies as fair use has sided with the copyright holder. On September 29, 2026, the
Continue Reading The Third Circuit Just Handed Copyright Owners Their First Appellate Win in the AI Training Wars — And the Implications Reach Far Beyond Legal ResearchSame Game, New Jersey: Why the TTAB Refused to Let a Tweaked Mark and Narrowed Services Escape Claim Preclusion
The Trademark Trial and Appeal Board just reminded brand owners of a hard truth: you cannot relitigate a losing trademark opposition simply by adding generic words to your mark and
Continue Reading Same Game, New Jersey: Why the TTAB Refused to Let a Tweaked Mark and Narrowed Services Escape Claim PreclusionNinth Circuit Rules That a Parodic Dog Toy Does Not Dilute the Jack Daniel’s Brand: What Trademark Owners and Parodists Need to Know
On August 4, 2026, in VIP Products, LLC v. Jack Daniel’s Properties, Inc., the Ninth Circuit vacated a permanent injunction barring VIP Products from selling its “Bad Spaniels” squeaky
Continue Reading Ninth Circuit Rules That a Parodic Dog Toy Does Not Dilute the Jack Daniel’s Brand: What Trademark Owners and Parodists Need to KnowTTAB Practitioners Beware: TTAB Dismissals With Prejudice, but Without Judgment, Can Support a Claim Preclusion Defense
In a recent precedential cancellation decision, the Trademark Trial and Appeal Board (“Board”) partially granted Respondent’s motion for summary judgment, holding that the parties’ stipulation that prior proceedings between them
Continue Reading TTAB Practitioners Beware: TTAB Dismissals With Prejudice, but Without Judgment, Can Support a Claim Preclusion DefenseThe U.S. Supreme Court Unanimously Rules That Successful Trademark Plaintiffs Cannot Recover Profits from Named Defendants’ Affiliates Without Suing the Affiliates Themselves
On February 26, 2025, the U.S. Supreme Court unanimously vacated a nearly $43 million award in a trademark dispute that raised the question of whether a defendant’s affiliates could be
Continue Reading The U.S. Supreme Court Unanimously Rules That Successful Trademark Plaintiffs Cannot Recover Profits from Named Defendants’ Affiliates Without Suing the Affiliates ThemselvesThe First U.S. AI Copyright “Fair Use” Ruling Favors Copyright Owners
Yesterday, in the first U.S. ruling on the closely scrutinized question of fair use in the AI-related copyright litigation context, U.S. Circuit Judge Stephanos Bilbas, sitting in the U.S. District
Continue Reading The First U.S. AI Copyright “Fair Use” Ruling Favors Copyright OwnersFair Warning to Parties Choosing to Flout TTAB Discovery Orders: Comply or Suffer the Consequences
On January 23, 2023, the Trademark Trial and Appeal Board (the “Board”) issued a harsh reminder to parties of the potential adverse consequences of ignoring their discovery obligations and failing
Continue Reading Fair Warning to Parties Choosing to Flout TTAB Discovery Orders: Comply or Suffer the Consequences
The Federal Circuit Deals Another Blow to the Lanham Act, Finding Section 2(c) Unconstitutional as Applied to a Refusal to Register TRUMP TOO SMALL
Last week, the United States Court of Appeals for the Federal Circuit (“CAFC”) reversed a TTAB decision affirming a refusal to register the phrase TRUMP TOO SMALL because it “comprises
Continue Reading The Federal Circuit Deals Another Blow to the Lanham Act, Finding Section 2(c) Unconstitutional as Applied to a Refusal to Register TRUMP TOO SMALL
The TTAB: Service Mark Use Requires More Than Just Preparation
On December 10, 2021, the TTAB issued a precedential decision reminding trademark practitioners and applicants that service mark use requires that an applicant actually render the services recited in the
Continue Reading The TTAB: Service Mark Use Requires More Than Just Preparation