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Trademark Law

590 ABA Journal Trademark Law articles.

Weekly Briefs: ‘Taco Tuesday’ trademark spat resolved; Trump Organization settles with Michael Cohen

‘Taco Tuesday’ trademark abandoned Taco John’s has agreed to give up its “Taco Tuesday” trademark after Taco Bell sought its cancellation in what it described as a “liberation” campaign. Taco John’s CEO Jim Creel said in a statement “paying millions of dollars to lawyers to defend our mark just doesn’t…

Jul 21, 2023 2:35 PM CDT

Supreme Court gives Jack Daniel’s a chance to prove infringement in ‘Bad Spaniels’ trademark parody case

There is no “special First Amendment protection” for product parodies that use trademarks as their own trademarks, the U.S. Supreme Court ruled Thursday in a case involving Jack Daniel’s and the maker of a parody dog toy.

Jun 8, 2023 1:42 PM CDT

SCOTUS will consider First Amendment right to trademark ‘Trump too small’ without Trump’s consent

The U.S. Supreme Court has agreed to consider whether the First Amendment was violated when the U.S. Patent and Trademark Office refused to register a trademark for the slogan “Trump too small.”

Jun 6, 2023 8:46 AM CDT

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.

May 23, 2023 3:21 PM CDT

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.

May 3, 2023 3:14 PM CDT

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.

Mar 16, 2023 12:26 PM CDT

‘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.

Mar 9, 2023 8:59 AM CST

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 trademarks of NFL Properties and the Las Vegas Raiders. The law firm sued after the NFL sent a cease-and-desist letter.…

Mar 3, 2023 2:27 PM CST

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. The legal industry had 1,183,900 jobs, a gain of 13,700 jobs since January 2022. But the January 2023 number is…

Feb 3, 2023 3:09 PM CST

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.

Nov 28, 2022 8:42 AM CST

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.

Nov 15, 2022 12:39 PM CST

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.

Oct 6, 2022 11:30 AM CDT

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.

Jul 27, 2022 12:26 PM CDT

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.

May 24, 2022 9:48 AM CDT

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.”

Apr 1, 2022 12:03 PM CDT

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