Rogers v. Grimaldi | TheTMCA.com

9 Jun, 2023

Supreme Court’s Jack Daniel’s Decision Clarifies That Traditional Trademark Use “Does Not Receive Special First Amendment Protection,” Even When it Has Expressive Message

Humor matters, but it’s not the most important thing when considering a trademark infringement or dilution claim. In a decision with references to The Hangover Part II, Aqua’s song “Barbie Girl” (good luck not getting that stuck in your head if you grew up in continue reading...

First Amendment / Trademarks

9 Jan, 2023

So, Nine Justices Walk into a Bar… SCOTUS to Consider Role of Humor in Infringement and Dilution Claims

Justices of the Supreme Court will soon put on their whiskey glasses to decide the proper tests for infringement and dilution claims involving humorous use of another’s trademark. The Court granted certiorari in November to consider a dispute between VIP Products, LLC (“VIP”) and Jack continue reading...

First Amendment / Trademarks

29 Dec, 2022

Eleventh Circuit: First Amendment Means MTV Floribama Shore Does Not Infringe FLORA-BAMA Trademark

In MGFB Properties, Inc. v. Viacom Inc., the U.S. Court of Appeals for the Eleventh Circuit recently sided with Viacom and its subsidiary MTV in a trademark action brought by the owners of the Flora-Bama Lounge, who alleged infringement by the television series MTV Floribama continue reading...

First Amendment / Licensing

23 Nov, 2022

In the Eyes of the Law, Driving Simulation Games Are Works of Art

photo by Arthur Shevtsov / Shutterstock.com Sometimes, the best place to determine whether a work qualifies as art is in a courtroom. In a recent decision, Judge John H. Chun of the District Court for the Western District of Washington found that a driving simulator continue reading...

Trade Dress / Trademarks

19 Oct, 2020

Jack Daniel’s Seeks “Relief” from Supreme Court Following Spat with Dog Toy Creator

Is humor protected speech? Although the answer might seem like an obvious yes, a dog toy maker’s Jack Daniel’s bottle lookalike dog chew toy with poopy puns blurs the line between freedom of expression and the protection of famous marks. In 2014, VIP Products LLC continue reading...

Copyrights / Trademarks

28 Feb, 2019

Epic Games Battles for Victory Dances in Fortnite Copyright Lawsuits

If you know how to Floss and Milly Rock, then you are way more hip than most, including the author of this post. Both are popular dance moves, along with the Shoot, Running Man, and the Carlton, the latter made famous by Alfonso Ribeiro as continue reading...

Trademarks

20 Dec, 2018

Honey Badger Don’t Care About Trademark Infringement, But The Ninth Circuit Does

Long ago (by internet standards), a spoof of Discovery Channel-style nature videos went viral. “The Crazy Nastyass Honey Badger” is a three-minute montage of wild honey badgers running across the desert, hunting prey, and, perhaps most disgusting, eating a snake, all set to classical music. continue reading...

Trademarks

8 Dec, 2017

Has Fox’s “Empire” Ended the Battle? Ninth Circuit Expands Scope of Permissible Promotion of Expressive Works

On the day after the airing of “Fortune Be Not Crost,” the sixth episode of season four of Fox’s popular show “Empire,” Fox had some good fortune of its own when the Ninth Circuit Court of Appeals affirmed a declaratory judgment of non-infringement involving “Empire.” continue reading...

First Amendment / Trademarks

25 Feb, 2016

Trademark Wars: Fox’s “Empire” Strikes Back

In another episode involving the First Amendment and the Lanham Act, Twentieth Century Fox’s “Empire” notched a win for the First Amendment. In Twentieth Century Fox Television, et al. v. Empire Distribution Inc. the United States District Court for the Central District of California held that continue reading...

Tagged: Rogers v. Grimaldi

Supreme Court’s Jack Daniel’s Decision Clarifies That Traditional Trademark Use “Does Not Receive Special First Amendment Protection,” Even When it Has Expressive Message

So, Nine Justices Walk into a Bar… SCOTUS to Consider Role of Humor in Infringement and Dilution Claims

Eleventh Circuit: First Amendment Means MTV Floribama Shore Does Not Infringe FLORA-BAMA Trademark

In the Eyes of the Law, Driving Simulation Games Are Works of Art

Jack Daniel’s Seeks “Relief” from Supreme Court Following Spat with Dog Toy Creator

Epic Games Battles for Victory Dances in Fortnite Copyright Lawsuits

Honey Badger Don’t Care About Trademark Infringement, But The Ninth Circuit Does

Has Fox’s “Empire” Ended the Battle? Ninth Circuit Expands Scope of Permissible Promotion of Expressive Works

Trademark Wars: Fox’s “Empire” Strikes Back

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