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Supreme Court Rules in Favor of Jack Daniel’s in BAD SPANIELS Case: Parody Marks Can Still Function as A Source Identifier

Photo of Meg K. Tierney (US)
By Meg K. Tierney (US) on June 9, 2023

The United States Supreme Court issued its decision in a years-long dispute between Jack Daniel’s and VIP Products LLC (“VIP”) over a humorous dog toy which is intended to mimic the label of a Jack Daniel’s whisky bottle. Jack Daniel’s…

Yet Another Change Coming Up?  Structural Changes to CNIPA and China’s Potential 5th Amendment to Trademark Law

Photo of Justin Davidson (HK)Photo of James Kwong (HK)
By Justin Davidson (HK) & James Kwong (HK) on April 27, 2023

We are just a few months into 2023, but we are already seeing a number of proposed changes to Chinese Trademark Law. 

We wish to draw attention to some of the upcoming structural changes to the China National Intellectual Property…

NUMB: BOTOX reputation insufficient to stop PROTOX

Photo of Georgina Hey (AU)Photo of Isobel Taylor (AU)Photo of Cameron Harvey (AU)Photo of Mindaugas Skavronskas
By Georgina Hey (AU), Isobel Taylor (AU), Cameron Harvey (AU) & Mindaugas Skavronskas on April 23, 2023

Earlier this month, the High Court of Australia ultimately rejected trade mark infringement and misleading/deceptive conduct claims by Allergan (owner of the injectable BOTOX®) against Self Care’s anti-wrinkle skincare products PROTOX and INHIBOX (marketed under the slogan ‘instant Botox® alternative…

Three Year Battle Ends with Lizzo Securing Registration for 100% THAT BITCH Mark

Photo of Kaylee A. Sill (US)
By Kaylee A. Sill (US) on February 17, 2023

In a precedential decision, the Trademark Trial and Appeal Board (the “Board”) reversed two refusals to register Grammy-winning singer Lizzo’s 100% THAT BITCH trademarks.

Lizzo’s company, Lizzo LLC, applied for two word trademarks in June 2019 for 100% THAT BITCH…

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Are we (virtually) there yet? Waiting for the rise of the metaverse from a brand owner’s perspective

Photo of Georgina Hey (AU)Photo of Isobel Taylor (AU)
By Georgina Hey (AU) & Isobel Taylor (AU) on September 29, 2022

We are now almost one year on from Mark Zuckerberg’s much talked-about October 2021 letter announcing, among other things, the change of the name of his company from Facebook to Meta, reflecting the company’s commitment to revolutionising social connection through…

Vans secures temporary restraining order barring promotion and sale of Wavy Baby Shoes

Photo of Felicia Boyd (US)Photo of Kirsten Hash (US)
By Felicia Boyd (US) & Kirsten Hash (US) on September 13, 2022

In Vans, Inc. v. MSCHF Product Studio, Inc., No. 22CV2156WFKRML, 2022 WL 1446681 (E.D.N.Y. Apr. 29, 2022), shoe company Vans, Inc. (“Vans”) prevailed in obtaining a temporary restraining order and preliminary injunction against art collective MSCHF Product Studio, Inc.…

TTAB rules RANCHERO and EL RANCHERO marks confusingly similar

Photo of Felicia Boyd (US)Photo of Kaylee A. Sill (US)
By Felicia Boyd (US) & Kaylee A. Sill (US) on August 10, 2022

In a non-precedential decision, the TTAB held that use of the word and stylized mark EL RANCHERO for “food products made of corn, namely, corn chips, tortillas and tostadas” were confusingly similar to the word and design marks RANCHERO for…

PepsiCo wins appeal over MTN DEW RISE ENERGY trademark dispute

Photo of Felicia Boyd (US)Photo of Kaylee A. Sill (US)
By Felicia Boyd (US) & Kaylee A. Sill (US) on August 10, 2022

PepsiCo. Inc. recently convinced the U.S. Court of Appeals for the Second Circuit to throw out a preliminary injunction granted by a New York federal judge last fall that prevented PepsiCo from using MTN DEW RISE ENERGY on its canned…

Guidance on Metaverse and NFTs trade marks

Photo of Clément Monnet
By Clément Monnet & Eloïse Patocki-Tomas on July 14, 2022

On June 23rd, 2022, the European Union Intellectual Property Office (“EUIPO”) published its recommendations regarding the class to be opted for when applying for a trademark designating virtual goods, non-fungible tokens (“NFT(s)”) and other…

Québec French Language Law Reform: Upcoming Changes for Businesses

Photo of Catherine Daigle (CA)
By NRF Digital Team & Catherine Daigle (CA) on May 26, 2022

Following a well-publicized debate, on May 24, 2022, the National Assembly of Québec finally passed the Act respecting French, the official and common language of Québec (Bill 96), a major reform of the 1977 Charter of the French…

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