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Spoofing Trademarks

Womble Bond Dickinson

Don’t take the Bait - Avoiding Trademark Scams

Womble Bond Dickinson on

In a world where trademark owners craft their brand narratives with creativity and innovation a dark undercurrent emerges – a rising tide of scams driven by the same ingenuity and resourcefulness....more

Lewis Roca

New Trademark Scam

Lewis Roca on

Over the years many clients have forwarded to us scam trademark mailings. These mailings come from various official-sounding sources, all of which seek money to allegedly take action regarding the client’s trademarks....more

McAfee & Taft

Beware: Caller ID spoofing the latest scam targeting trademark owners

McAfee & Taft on

In a February 2, 2023, article titled “USPTO warns of new spoofing scam targeting trademark owners,” we warned you about a spoofing tactic where scammers were calling trademark owners using “spoofing” to hide their true...more

Moritt Hock & Hamroff LLP

Beware: Scams Targeting U.S. Trademark Applicants and Owners Are Increasingly Persuasive

One recent victim of scams preying on U.S. trademark filers and registrants answered a call that appeared to be from the United States Patent and Trademark Office (USPTO). It wasn’t. The target of the scam was forced to...more

Lewis Roca

The IP of Everything Podcast - Episode 22 - The IP of Dog Toys

Lewis Roca on

Explore the legal intricacies of dog toy trademarks such as Chewy Vuitton and Bad Spaniels. Uncover key cases, including a pivotal Supreme Court showdown, with implications for both canines and intellectual property at large....more

Erise IP

What’s Trending in Trademarks, January 2024: Travis Kelce’s IP Era, Liquid Death vs. Arnold Palmer, USPTO Scams

Erise IP on

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Travis...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - No, No, No! How to Avoid Scams and Stay Merry this Holiday Season

Especially during the holi-daze, it can be easy to let our safeguards down and fall prey to scammers looking to make a quick buck. Trademark applicants and registrants interacting with the U.S. Patent and Trademark Office...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - December 2023

Thank you for reading the December 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the USPTO's new guidance on "clothed" consent agreements, three ways to protect your identify and avoid...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2023: News Flash: Trademark Infringement is No Laughing Matter

The Bad Spaniels and MetaBirkin cases clarify that artistic expression is no foolproof defense to trademark infringement. Brand owners welcomed the decision the US Supreme Court rendered in Jack Daniel's Properties Inc....more

Kaufman & Canoles

The Dog Days Are Over for Jack Daniel’s

Kaufman & Canoles on

On June 8, 2023, brand owners breathed a sigh of relief with the Supreme Court’s unanimous ruling consistent with prior jurisprudence that potential infringers of a famous trademark are not precluded from liability by merely...more

Benesch

Supreme Court Sends “Bad Spaniels” to the Doghouse

Benesch on

Not even the First Amendment could rescue VIP and its Bad Spaniels dog toy, as the US Supreme Court recently held that the Rogers threshold test for “expressive works” does not apply in trademark cases involving commercial,...more

Miller Canfield

Bad Dog! SCOTUS Sides with Jack Daniel’s in Trademark Fight Over “Poop-Themed” Dog Toy

Miller Canfield on

The United States Supreme Court unanimously sided with Jack Daniel’s in a trademark infringement dispute with dog toy manufacturer VIP Products over a poop-themed, chewy dog toy, in Jack Daniel’s Properties, Inc. v. VIP...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Rules “That Dog Don’t Hunt”: Bad Spaniels Toy’s Use of JACK DANIELS Marks is a Poor Parody and Dilution Act Applies

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words...more

BakerHostetler

Rogers Test Not Applicable When Mark Is Used as a Trademark

BakerHostetler on

Supreme Court Rules in Favor of Jack Daniel’s Over ‘Spoofed’ Bad Spaniels Dog Toy - The Second Circuit’s 1989 Rogers test sets an elevated standard for proving trademark infringement, for the purpose of protecting First...more

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