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Marks, Works & Secrets Blog

Articles: 1-10 of 90

The Supreme Court Limits the Extraterritorial Application of the Lanham Act

USA - July 10 2023 On June 29, 2023, the Supreme Court in Abitron Austria GmbH v. Hetronic International, Inc., limited the extraterritorial reach of the Lanham Act…

Not Funny! Unanimous SCOTUS in Jack Daniel’s v. VIP Holds That Parody Does Not Implicate First Amendment Concerns, But Only Implicates Likelihood of Confusion

USA - June 21 2023 On June 8, 2023, the Supreme Court unanimously decided the trademark parody case captioned Jack Daniel’s Properties, Inc. v. VIP Products LLC in…

SCOTUS: Social Media Companies Not Liable For Aiding and Abetting ISIS

USA - June 13 2023 In Twitter, Inc. v. Taamneh, the Supreme Court unanimously held that social media companies are not liable for aiding and abetting the Islamic State…

SCOTUS: Social Media Companies Not Liable For Aiding And Abetting ISIS

USA - June 13 2023 In Twitter, Inc. v. Taamneh, the Supreme Court unanimously held that social media companies are not liable for aiding and abetting the Islamic State…

Does Transformative Matter? No, At Least Where Use Is Commercial

USA - June 6 2023 Art. Money. Copyright. Fair use. Andy Warhol. And Prince, the Purple One. (Or in this case, Orange.) These were the hot topics in the recently…

SCOTUS Oral Arguments in Abitron v. Hetronic: Extraterritorial Reach of Lanham Act

USA - April 25 2023 On March 31, 2023, the Supreme Court heard arguments in Abitron Austria GmbH v. Hetronic International, Inc., where at issue is whether the Tenth…

Cert. Granted in Abitron to Clarify Boundaries for Extraterritorial Application of Lanham Act

USA - April 17 2023 In Abitron Austria GmbH v. Hetronic International, Inc., Oklahoma-based Hetronic, maker of radio remote controls for heavy-duty construction…

Does Anyone Here Have A Sense Of Humor, Redux: Jack Daniel’s v. VIP Oral Argument

USA - March 28 2023 On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. v. VIP Products LLC…

TTAB Sustains WIRED Magazine’s § 2(d) Objection to Application to Register “WIRED” As A Mark for Clothing, But Not for Fitness Services

USA - October 26 2022 The Trademark Trial and Appeal Board (“TTAB”) sustained the objection of the publisher of the tech magazine WIRED (“Opposer”) to an Applicant’s…

TTAB Rains on ‘Purple Rain’ Energy Drink Trademark Application

USA - September 13 2022 On August 23, 2022, the Trademark Trial and Appeal Board (“TTAB”) rejected on summary judgment JHO Intellectual Property Holdings’ (“Applicant”)…