In July 2023, the U.S. Supreme Court reached a decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC that received a lot of attention for a number of reasons, bad puns being among them. The case concerned squeaky dog toys that recall several well-known brands of alcoholic beverages. VIP sold a series of dog…
Wrigley v. Terphogz LLC is a case from the Northern District of Illinois — despite all of the defendant’s efforts to have it moved to California. The case represents a sort of coming of age of the cannabis industry, a reminder that being taken seriously comes at a cost. Terphogz is a California company that…
Brooks v. Dash came to our attention from the Southern District of New York, but it began years before. The defendant, Dame Dash, ran a seminar for would-be media producers. The plaintiff, Edwyna Brooks, paid the $50 entry fee for the chance to pitch her idea to Dash: making a movie out of her four-book…
The recently decided Romag Fasteners v. Fossil Inc. is bound to be among the most important decisions involving trademark law damages to come out of the U.S. Supreme Court. For many years only some circuit courts of appeal, like the Second Circuit where this case originated, ruled that the plaintiff needed to demonstrate the defendant willfully infringed the plaintiff’s trademark…
The Southern District of New York recently resolved yet another case of models suing “gentlemen’s” clubs for various intellectual property claims. Gibson et al. v. SCE Group, Inc. et al. was brought by the same attorneys who initiated similar suits in 2016. In this case, 20 models brought an action against two strip clubs for using photos of…