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New Jersey Law Journal

Sweet Defeat: 3rd Circuit Says Candymaker Can't Trademark Watermelon's Shape and Colors

"Because the tricolored shape is recognizable as watermelon-flavored, the whole appearance is useful," Third Circuit Judge Stephanos Bibas wrote. "So a candymaker cannot block competitors from using the combined shape and colors by trademarking that combination. We will thus affirm the district court's grant of summary judgment."
4 minute read

The Recorder

The Dissent Is 'Clearly Wrong': 9th Circuit Judges Split on Digital Nomad's Standing in Trademark Dispute

The majority panel refers to Judge Lawrence VanDyke's dissent at least 22 times in a 39-page majority opinion over a fitness brand's personal jurisdiction in California in an underlying trademark dispute with Impossible Foods.
5 minute read

New York Law Journal

Lanham Act's Registration Requirements Head to the Supreme Court in Another First Amendment Challenge

In this article, Catherine Nyarady and Crystal Parker discuss the pending 'Vidal v. Elster' Supreme Court case and whether a provision of the Lanham Act violates the First Amendment by barring registration of a trademark that contains criticism of a government official or public figure.
8 minute read

New York Law Journal

Disputes Over Culturally Inspired Fashions On and Off the Runway

In this article, Natasha Reed discusses that while casting for runway shows seems to be moving toward cultural diversity, the fashion industry itself may have a cultural appropriation crisis. In this article, she lays out six fashion industry cultural appropriation disputes that made headlines, with some even making their way from the catwalk to court.
11 minute read

New York Law Journal

Jack Daniel's Decision Clarifies Balance Between First Amendment and Trademark Rights

This article discusses how the U.S. Supreme Court, in a unanimous decision, vacated a decision by the U.S. Court of Appeals for the Ninth Circuit that in effect barred trademark infringement and dilution claims against the use of a trademark that parodies the plaintiff's trademark.
8 minute read

New York Law Journal

Give Me a Whiskey and a Handbag to Envy

Leave it to the U.S. Supreme Court to create an elegant intercession between Frank Sinatra's favorite whiskey and one of the world's most coveted handbags. In this article, Alan Behr discusses applications of the Rogers test with focus on the Hermès v. Rothschild and Jack Daniel's Properties v. VIP Products cases.
9 minute read

New York Law Journal

Lessons from Nike, Inc. v. USAPE LLC

This article discusses the Nike v. USAPE case and examines the potential effects and dangers of a wait-and-see approach in trademark enforcement.
9 minute read

Law.com

The Fourth Circuit Court of Appeals Enters the Cheese Wars: Determining Genericness for Trademark Registration

Recently, the United States Court of Appeals for the Fourth Circuit considered whether "gruyere" cheese can be registered as a trademark in the United States, or whether it is merely a generic term that is not entitled to trademark protection.
5 minute read

New Jersey Law Journal

'Rolls Royce of Pans'? Automaker Targets Gordon Ramsay's Promotion of Cookware Line in Trademark Claim

This suit was surfaced by Law.com Radar. Read the document here.
1 minute read

Law.com

IP Attorney Voluntarily Dismisses Defamation Suit Over Amazon's Emails to His Clients

During a telephone conference with U.S. District Judge Peter J. Messitte for the District of Maryland on July 14, counsel representing Amazon said that the alleged defamatory emails were no longer being sent, according to the recently-filed transcript.
3 minute read

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