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Jack Daniels Finally Has its Day Before the Supreme Court

Photo of Felicia Boyd (US)
By Felicia Boyd (US) on March 27, 2023

The United States Supreme Court held oral arguments in connection with a 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…

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

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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…

After Years of Hounding from Jack Daniel’s, Supreme Court Agrees to Hear Bad Spaniels Parody Trademark Case

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By Felicia Boyd (US) & Meg K. Tierney (US) on December 7, 2022

The dispute between Jack Daniel’s and VIP Products LLC (“VIP”) over a parody dog toy continues and will finally proceed to the Supreme Court. The case centers around a parody dog toy sold by VIP that mimics the label of…

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.…

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CAFC reverses Coca-Cola TTAB win in action involving Indian soda marks

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By Felicia Boyd (US) & Nathan Mannebach (US) on August 22, 2022

In Meenaxi Enter. v. Coca-Cola Co., 38 F.4th 1067 (Fed. Cir. 2022) the United States Court of Appeals for the Federal Circuit (“CAFC”) reversed a Trademark Trial and Appeal Board (“TTAB”) decision cancelling two registrations for marks identical to…

Modern collegiate trademark and licensing regime may face increased enforcement challenges

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By Felicia Boyd (US) & Kaylee A. Sill (US) on August 22, 2022

In The Pennsylvania State University v. Vintage Brand, LLC, 2022 U.S.P.Q.2d 653 (M.D. Pa. 2022 The Pennsylvania State University (“Penn State”) sued Vintage Brand, LLC (“Vintage”), an online retailer of screen-printed goods featuring logos and images, for violations of…

TTAB prohibits the County of Orange from registering unofficial seal and badge designs

Photo of Felicia Boyd (US)Photo of Kaylee A. Sill (US)
By Felicia Boyd (US) & Kaylee A. Sill (US) on August 15, 2022

In a recent precedential decision, the TTAB refused registration of two trademark applications by the County of Orange holding that the marks constituted insignia even though they were not official seals.[1]

In 2017, the County of Orange, a political…

TTAB rules RANCHERO and EL RANCHERO marks confusingly similar

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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…

Authorization of certain IP-related transactions in Russia

Photo of Tim Kenny (US)
By Tim Kenny (US) on May 9, 2022

The ink was not even dry on the update regarding Russia-related IP issues that we published last week, when we learned of two more major developments.

The USPTO recently issued the following statement on engagement with Russia, the Eurasian Patent…

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