Statute
Lanham Act
1,167 published works
Chicago IP Litigation
Court Enters Partial Summary Judgment on Copyright, Lanham Act, and DMCA Claims Arising from Breakdown of Art Licensing Relationship
Art Akiane, LLC v. Art & SoulWorks LLC et al., No. 1:19-CV-02952, Slip Op. (N.D. Ill. Mar. 31, 2026) (Chang, J.). Judge Chang resolved numerous claims and defenses arising from…
The HB Blog
United States Trademark Ownership Errors: How Small Filing Mistakes Become Expensive Problems
United States Trademark Ownership Errors: How Small Filing Mistakes Become Expensive Problems Ownership problems involving United States trademark applications and registrations rarely announce themselves when an application is filed. They…
SDNY Blog
Judge Carter Dismisses Novo Nordisk’s False Advertising Claims, Finding Statements About Compounded GLP-1s Were Susceptible To An Accurate Reading
On Friday, Judge Carter granted defendant Zealthy Inc.’s motion to dismiss claims brought by Novo Nordisk under the Lanham Act and New York General Business Law. Novo Nordisk alleged that…
Above the Fold
Ninth 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 dog…
Regulatory Oversight
When ‘Skill-Based’ Isn’t: The Papaya Gaming Verdict and Its Implications for Mobile Gaming Operators
By Stephen C. Piepgrass, Ayana Brown
On July 28, U.S. District Judge Denise Cote of the Southern District of New York entered a judgment against Papaya Gaming Ltd. in Skillz Platform Inc. v. Papaya Gaming Ltd.,…
Minding Your Business
Supreme Court to Decide Whether a Trademark’s “Inherent Strength” is a Question for Judges or Juries
On June 29, 2026, the Supreme Court agreed to hear a trademark dispute between RiseandShine Corporation, doing business as Rise Brewing, and PepsiCo, Inc. over Pepsi’s “Mtn Dew Rise Energy”…
Above the Fold
Supreme Court Agrees to Take Up Trademark Strength Issue in Rise Brewing Trademark Case Against PepsiCo Over “Mtn Dew Rise”
By Elizabeth A. Patton, Paul Fling
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…
Traverse Legal Expert Articles
Google Trademark Keywords: When Bidding Crosses into Infringement
Google trademark keywords create a fast fight and a simple question: can a competitor use your brand name to pull traffic away from you? In many cases, the answer turns…
Founders Legal Blog
Trade Dress Infringement
Trade Dress Infringement by Kennington Groff Trade Dress Infringement: What Founders Should Learn from 7-Eleven v. Nike The Case as a Launch-Clearance Warning Trade dress infringement arises when the look…
inversecondemnation.com
New Cert Petition: Is Trademark Property Subject To The Same Takings Rules As Other Private Property?
Here's the latest in a case we've been following. The owners of the trademark of the famous baseball player Roberto Clemente asserted a physical takings claim after the Commonwealth of…