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 KnowThe 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 ThemselvesSummerfest Files Federal Lawsuit Against TC Summer Fest for Trademark Infringement
Last weekend, July 14 and July 15, 2023, TC Summer Fest put on an event, touted as the “biggest rock weekend of the year” with a “two-day festival-style
Continue Reading Summerfest Files Federal Lawsuit Against TC Summer Fest for Trademark InfringementFair 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 ConsequencesSCOTUS Agrees to Engage in Some Whiskey Business
On Monday, November 21st, the U.S. Supreme Court agreed to hear an appeal filed by Jack Daniel’s. In this appeal, Jack Daniel’s argued that the Ninth Circuit erred
Continue Reading SCOTUS Agrees to Engage in Some Whiskey BusinessKathi Vidal Confirmed As The Next USPTO Director
On April 5, 2022, after more than one year of vacancy, the Senate confirmed attorney Kathi Vidal as the next director of the United States Patent and Trademark Office. Ms.
Continue Reading Kathi Vidal Confirmed As The Next USPTO Director
ITC Trademark Rulings
Earlier this month, the Federal Circuit ruled that trademark rulings from the International Trade Commission (“ITC”) do not have preclusive effect. This means that ITC actions do not bar district
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“Scandalous” Trademarks, and Why They May Become More Prevalent
Of late, multiple authors of this blog have followed the legal landscape around “scandalous” trademarks. In particular, this post follows up on the USPTO’s petition to the Supreme Court, which
Continue Reading “Scandalous” Trademarks, and Why They May Become More Prevalent
Coachella/Filmchella Dispute Ends
Over the past year, including in my blog post last month, we’ve traced the progression of the Coachella/Filmchella lawsuit, which was scheduled for trial earlier this month. Approximately a
Continue Reading Coachella/Filmchella Dispute Ends
Coachella/Filmchella Dispute Headed to Trial
The Coachella/Filmchella trademark infringement case, which we have previously covered here, here, and here, is headed to trial in California this October. Last week, the federal judge
Continue Reading Coachella/Filmchella Dispute Headed to Trial