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First Amendment

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Trademarks and NFTs: The battle over “MetaBirkin” NFTs continues

Photo of Felicia Boyd (US)
By Felicia Boyd (US) on June 10, 2024

** This article was drafted by Logan Woodward, a Summer Associate in NRF’s Minneapolis Office.  Logan is supervised by attorneys who are licensed in the State of Texas.

The MetaBirkin dispute continues before the United States Court of Appeals for…

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…

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11th Cir. holds “skim milk” label protected by 1st Amendment

Photo of Saul Perloff (US)Photo of Andre Hanson (US)
By Saul Perloff (US) & Andre Hanson (US) on April 10, 2017

In a case with potentially significant ramifications for regulatory oversight of the labeling and advertising of foods and pharmaceuticals, the Eleventh Circuit held the First Amendment precluded the Florida Department of Agriculture’s Bureau of Dairy Industry (the “Florida Bureau”) from…

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