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 dog toy, a parody of the Jack Daniel’s whiskey bottle. In
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A Single Word Difference in a Trademark May Not Save a Likelihood of Confusion Finding
Can adding a single word to a trademark save it from a likelihood of confusion finding? According to a recent Federal Circuit decision, the answer is no—at least when the marks share the same core meaning and cover identical goods.
Supreme Court Agrees to Take Up Trademark Strength Issue in Rise Brewing Trademark Case Against PepsiCo Over “Mtn Dew Rise”
On June 29, the Supreme Court agreed to review the question of whether judges or juries should decide a trademark’s inherent strength when assessing whether consumers are likely to be confused by the mark in trademark disputes under the Lanham
TCPA Class Certification Requires more than a Silent Defendant
When a defendant defaults, fails to respond to a motion for class certification, and produces no evidence of consent, one might assume that class certification is a formality. A recent decision from the Eastern District of Pennsylvania is a useful
Safe Harbor Saves the Day: Court Grants Summary Judgment to Home Warranty Company Despite Unresolved Consent Dispute in TCPA Text Message Case
In Van Elzen v. American Home Shield Corp., No. 24-C-1206, 2026 WL 1078771 (E.D. Wis. Apr. 21, 2026), the United States District Court for the Eastern District of Wisconsin granted summary judgment to American Home Shield Corporation (“AHS”) in a
Court Orders Healthcare Recruiter To Turn Over Text Message Data In TCPA Class Action
Recruiters who contact candidates by text message should take note of a recent decision out of the Western District of Virginia. In Kattato v. Cross Country Healthcare, Inc., No. 7:23-CV-00485 (W.D. Va. Feb. 23, 2026), the Court granted the plaintiff’s
A Decade of Litigation: Key Takeaways from the Johnson v. Comodo Group TCPA Settlement
The recent final approval of a class action settlement in Johnson v. Comodo Group, Inc. demonstrates the substantial risks companies face when facing allegations of engaging in automated telemarketing without proper consent. On February 4, 2026, the U.S. District Court
FTC Sues JustAnswer for Deceptive Subscription Practices
Recently, the Federal Trade Commission (“FTC”) filed a Complaint against JustAnswer LLC and its CEO, alleging the company misled consumers into enrolling in monthly recurring subscriptions without obtaining consumers’ affirmative consent.
According to the FTC’s Complaint, many consumers believed they
Big Game Advertising Questions
Q: Why do companies refer to the Super Bowl as The Big Game in their advertising?
A: Because the Super Bowl is trademarked, but The Big Game is not. Of course news outlets can use either term under the fair
When ‘Too Good to Be True’ Really Is Too Good to Be True: FTC Settles With NextMed Regarding Deceptive Advertising Practices
The Federal Trade Commission (“FTC”) has reached a settlement with NextMed (also known as Southern Health Solutions, Inc.), resolving allegations that the telehealth company misled consumers through deceptive advertising, billing, and cancellation practices tied to weight-loss programs involving GLP-1 medications