Profit-Motivated Jokers Beware: Key Takeaways From Jack Daniel’s v. VIP Products

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 [...]

By |2023-06-09T13:23:34-05:00June 9th, 2023|Infringement, Lanham Act|Comments Off on Profit-Motivated Jokers Beware: Key Takeaways From Jack Daniel’s v. VIP Products

False advertising – how much can a company get away with?

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, [...]

By |2023-06-05T23:06:08-05:00June 5th, 2023|Lanham Act, Unfair Competition|Comments Off on False advertising – how much can a company get away with?
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