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VIP Products v. Jack Daniel’s: Ninth Circuit requires mark-specific proof of fame

Photo of Jeffrey Hajdin (US)
By Jeffrey Hajdin (US) on August 7, 2026

Few squeaky toys have generated as much noise as Bad Spaniels. VIP Products LLC (VIP) v. Jack Daniel’s Properties, Inc. (JDPI) began as a dispute over a dog-poop themed parody of a Jack Daniel’s Tennessee Whiskey bottle. More than a…

From Tribute to Infringement: Moral (rights) lessons from the LELECHA Lu Xun Case

Photo of Justin Davidson (HK)Photo of Mina Li
By Justin Davidson (HK) & Mina Li on May 19, 2026

On World Book Day in 2024 (April 23), LELECHA, a Mainland China milk tea brand, partnered with Yilin Press to launch a “Smoky Oolong” milk tea as a tribute to the prominent Chinese writer Lu Xun. However, the marketing campaign’s…

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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…

(Un)conscious Marketing: Is green really the new black?

Photo of Georgina Hey (AU)Photo of Isobel Taylor (AU)
By Georgina Hey (AU) & Isobel Taylor (AU) on February 28, 2023

As we settle into a new calendar year, we reflect on the Australian Competition and Consumer Commission’s (ACCC) 2022/2023 compliance and enforcement priorities announcing, amongst other priorities, their commitment to resolving consumer and fair trading issues regarding environmental…

Branding alert for Royal Warrant holders

Photo of Abida ChaudriPhoto of *Jamie Brazier (UK)
By Abida Chaudri & *Jamie Brazier (UK) on October 13, 2022

Kat friends Jamie Brazier and Abida Chaudri provide an enlightening discussion of the right to use the Royal Arms following the death of Queen Elizabeth II.

It was with great sadness that the world learned, on 8 September 2022, of…

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.…

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…

TTAB rules reckless disregard for the truth constitutes fraud

Photo of Kaylee A. Sill (US)
By Kaylee A. Sill (US) on February 22, 2022

In Chutter, Inc. v. Great Management Group, LLC, a precedential decision, the Trademark Trial and Appeal Board (TTAB) held that recklessly false representations made during the course of the trademark application process satisfy the level of intent required to…

Planning to import chemicals in to Australia from overseas?

Photo of Georgina Hey (AU)
By Georgina Hey (AU) & Anthony Brzoska on October 19, 2021

Australian businesses are increasingly turning to overseas manufacturers to fulfil domestic demand for chemicals and chemical-based consumer products. Year on year, figures show that Australian companies are importing increasing volumes of these products, with some of the strongest performers coming…

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