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 KnowLanham Act
The U.S. Supreme Court Unanimously Rules That Successful Trademark Plaintiffs Cannot Recover Profits from Named Defendants’ Affiliates Without Suing the Affiliates Themselves
By Melissa E. Scott on
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 ThemselvesSupreme Court Rejects TRUMP TOO SMALL Trademark
By Anthony J. Noonan on
“TRUMP TOO SMALL”
This is the trademark that Steve Elster has been trying to get registered for the past six years since filing his trademark application all the way back…
Continue Reading Supreme Court Rejects TRUMP TOO SMALL TrademarkUSPTO Clarifies Domicile Address Requirements in Trademark Applications
By Fox Rothschild LLP on
The Lanham Act requires the United States Patent and Trademark Office (“USPTO”) to collect the domicile information of all trademark applicants. This provides the evidence necessary to show the applicant…
Continue Reading USPTO Clarifies Domicile Address Requirements in Trademark ApplicationsSCOTUS Agrees to Engage in Some Whiskey Business
By Fox Rothschild LLP on
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 BusinessThe TTAB: Service Mark Use Requires More Than Just Preparation
By Melissa E. Scott on
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
The USPTO Issues Regulations Implementing the Trademark Modernization Act of 2020
By Melissa E. Scott on
Today, the USPTO issued regulations implementing the provisions of the Trademark Modernization Act of 2020 (“TMA”). The Regulations can be found here.
Practitioners should review the Regulations as soon…
Continue Reading The USPTO Issues Regulations Implementing the Trademark Modernization Act of 2020
The Trademark Modernization Act of 2020 is Enacted
By Melissa E. Scott on
On December 27, 2020, Congress signed the Trademark Modernization Act of 2020 (the “Act”), which had rare bipartisan support, into law.
The Act makes substantive changes to the…
Continue Reading The Trademark Modernization Act of 2020 is Enacted
The TTAB Rejects Equal Protection Argument in Favor of Failure-to-Function Refusal
By Melissa E. Scott on
In a recent precedential decision, the United States Trademark Trial and Appeal Board (“TTAB”) affirmed an examining attorney’s failure-to-function refusal as respecting the standard character mark TEXAS LOVE,…
Continue Reading The TTAB Rejects Equal Protection Argument in Favor of Failure-to-Function Refusal
The Federal Circuit: Lexmark Governs Standing for Trademark Cancellation Proceedings
By Melissa E. Scott on
On October 27, 2020, the Federal Circuit affirmed a U.S. Trademark Trial and Appeal Board (“TTAB”) decision canceling Corcamore, LLC’s registration for the mark SPROUT. More specifically, the…
Continue Reading The Federal Circuit: Lexmark Governs Standing for Trademark Cancellation Proceedings