ABA Journal

Trademark Law

573 ABA Journal Trademark Law articles.

Taco Bell seeks to cancel trademarks for ‘Taco Tuesday’ in ‘liberation’ campaign

Taco Bell filed two petitions to cancel trademark registrations for the phrase “Taco Tuesday” last week while touting its “liberation” campaign.

Federal judge warns law firm that ‘judge shopping ain’t a thing here’

Plaintiffs can’t go looking for “greener judicial pasture” by dropping 213 of 218 defendants from a lawsuit and then filing a new suit against the same 213 defendants, according to a federal judge in Chicago.

Supreme Court gets the scoop on doggy toy, whiskey parody case

Executives at Jack Daniel’s, whose whiskey was first sold under that name in 1875, have requested that VIP Products stop selling dog chew toys shaped like liquor bottles but with parody names and themes, leading to a major trademark case that the U.S. Supreme Court will take up March 22.

‘Gruyere’ is generic description of cheese that isn’t eligible for certification mark, appeals court says

The term “gruyere” is a generic description of cheese and can’t be registered with the U.S. Patent and Trademark Office as a certification mark denoting the region where the cheese is produced, a federal appeals court has ruled.

Weekly Briefs: Lawyer’s Super Bowl ad leads to litigation; 2 BigLaw firms end merger talks

NFL objects to firm’s Super Bowl ad, leading to suit

The Dimopoulos Law Firm in Las Vegas is seeking a declaratory judgment that its Super Bowl commercial did not infringe…

Weekly Briefs: Legal jobs increase in January; 11th Circuit doesn’t rule out execution by firing squad

Legal industry adds 2,400 jobs

The legal services sector added 2,400 jobs in January, according to preliminary and seasonally adjusted figures released Friday by the U.S. Bureau of Labor Statistics.…

Supreme Court will hear Jack Daniel’s appeal over parody dog toy ‘Bad Spaniels’

The U.S. Supreme Court has agreed to decide whether a parody dog toy called “Bad Spaniels” is entitled to protection from trademark infringement and dilution-by-tarnishment claims by Jack Daniel’s Properties Inc.

Would Twitter get Section 230 immunity in lawsuits filed over fake tweets with blue check marks?

Plaintiffs lawyer Jay Edelson told Reuters that he is researching whether Twitter could be sued for giving blue check marks to fake accounts that misled consumers and corporate shareholders.

Supreme Court will consider whether Andy Warhol’s Prince paintings violate copyright law

A copyright case going before the U.S. Supreme Court on Oct. 12 encompasses the avant-garde pop art of Andy Warhol, the musical genius and personal vulnerability of the performer Prince and the rarefied worlds of rock photography and glossy magazines.

Federal judge sitting atop mound of patent litigation loses perch with equitable-distribution order

A federal judge in Waco, Texas, who hears nearly 25% of the nation’s patent cases will see his intellectual-property docket shrink as a result of a new order on case distribution.

US law allowing hemp products legalized potlike intoxicant delta-8 THC, 9th Circuit says

A federal appeals court ruled last week that the 2018 law removing most restrictions on hemp legalized the ingredient delta-8 THC, which has psychoactive and intoxicating effects similar to the marijuana ingredient delta-9 THC.

Best Lawyers sues Washingtonian publisher for ‘Washington, DC’s Best Lawyers’ directory

The company that does business as Best Lawyers has sued the publisher of the Washingtonian magazine for its publication of a directory and lawyer referral service called “Washington, D.C.’s Best Lawyers.”

Lawyer is accused of climbing down wall, entering Capitol during Jan. 6 riot

An Indianapolis patent and trademark attorney has been charged with entering the U.S. Capitol and engaging in disorderly conduct during the Jan. 6, 2021, riot.

Cybersquatters are using Debevoise’s name to steal personal information, suit alleges

Updated: Debevoise & Plimpton has claimed in a lawsuit that cybersquatters are using its name in an attempt to profit from ads and seek sensitive information in phishing schemes.

5th Circuit rules for ‘The Hammer’ in lawyer’s trademark suit over purloined keywords and click-to-call ads

A Texas lawyer should get a chance to prove that consumers who entered his trademarked keywords in search engines were confused when they saw unlabeled advertisements, clicked on them, and found themselves calling a number that belonged to a legal referral group, a federal appeals court has ruled.

Read more ...