Imagine this scenario – a well-known founder of a company sets up social media accounts that promote the company’s products. The accounts also occasionally display personal content (e.g., public happy birthday messages the founder sends to his spouse). The company fires the founder and then claims it owns of the accounts. If the founder says [...]
In a highly anticipated decision, the Supreme Court in the case of Jack Daniel’s Properties, Inc. v. VIP Products LLC recently weighed in on the applicability of the Rogers test [1] and the fair-use exemption from trademark dilution liability. Justice Kagan, writing for the unanimous court, held that “when an alleged infringer uses a trademark as a designation of [...]
A recent federal court decision gives some guidance on what kinds of statements about a competitor rise to the level of false advertising. The case serves as a reminder for companies to be careful when using objective terminology to talk about another company's products. Characterizing the competition In Enigma Software Group USA, LLC v. Malwarebytes, [...]
