Free Newsletter
US Supreme Court bites back at parody’s use of the First Amendment
By David Sar “This case is about dog toys and whiskey, two items seldom appearing in the same sentence.” So began the U.S. Supreme Court’s only trademark decision of the 2022-23 term, Jack Daniel’s Properties Inc. v. VIP Products LLC (June 8, 2023). Parody, trademarks and the First Amendment also were at issue. In a […]
Ruff day in court: Supreme Court sides with Jack Daniel’s in dispute with makers of dog toy
WASHINGTON (AP) — The Supreme Court on Thursday gave whiskey maker Jack Daniel’s reason to raise a glass, handing the company a new chance to win a trademark dispute with the makers of the Bad Spaniels dog toy. In announcing the decision for a unanimous court, Justice Elena Kagan was in an unusually playful mood. […]
Aaron Judge, union win dispute over ‘All Rise’ trademark
NEW YORK (AP) — Aaron Judge won a dispute over trademarks used to promote the New York Yankees slugger. The U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board ruled against a Long Island man who attempted to register “All Rise” and “Here Comes the Judge,” claiming it would cause confusion with slogans used […]
The little black book of trademark prosecution
By Douglas Lineberry Trademarks are essential to your business client’s brand, and knowing the twists and turns of trademark prosecution is imperative to brand longevity. Without protecting trademarks, the client is not protecting how consumers recognize their goods/services and return to them for further purchases. As a business attorney, especially an attorney helping start-up businesses [&hel[...]
Sink strainer: personal injury lawyer sues son over firm’s name
A prominent personal injury attorney in the Lowcountry is suing his son for trademark infringement for using his birth name in advertising his new, independent law firm. George Sink Sr. alleges that George “Ted” Sink Jr. and the firm he started in February are improperly using the father’s well-known and trademarked name. Sink Sr. […]
Intellectual Property – Trademark – State & Federal Marks – Episcopal Church – Civil Practice – Statute of Limitations – Claim & Issue Preclusion
In a related state-court case, the South Carolina Supreme Court issued a split decision, with Justices Pleicones and Hearn ruling to reverse the trial court regarding the state registered trademarks, and Chief Justice Beatty, in the controlling opinion, leaving the issue of the rights to service marks to this court. Therefore, the issue of state […]
Intellectual Property – Trademark – Declaratory Judgment Action – Civil Practice – Standing – Venue
Jeffers Handbell Supply, Inc. v. Schulmerich Bells, LLC (Lawyers Weekly No. 002-119-17, 23 pp.) (J. Michelle Childs, J.) 0:16-cv-03918; D.S.C. Holding: In a Pennsylvania lawsuit against one of Jeffers Handbell Supply’s employees, Schulmerich Bells alleged that – through Jeffers – the employee was distributing products that infringed Schulmerich’s trademarks and trade dress; therefore, Jeff[...]
Intellectual Property – Trademark – Attorneys’ Fee Motion – Tactics & Venue
The Marshall Tucker Band, Inc. v. M T Industries, Inc. (Lawyers Weekly No. 002-082-17, 10 pp.) (Mary Geiger Lewis, J.) 7:16-cv-00420; D.S.C. Holding: Although the court ultimately dismissed plaintiffs’ federal trademark claims on the merits, the court cannot say those claims were frivolous. The fact that plaintiffs could have – and perhaps should have – […]
Attorneys – Disqualification Motion – Former Client – Intellectual Property – Trademark
The Marshall Tucker Band, Inc. v. M T Industries, Inc. (Lawyers Weekly No. 002-173-16, 13 pp.) (Mary Geiger Lewis, J.) 7:16-cv-00420; D.S.C. Holding: Even though plaintiffs’ counsel have represented defendants in the past, they have not done so since 2010, and neither their past representation nor the factual information they learned about defendants in the […]
Civil Practice – No Suit for Company’s Chicken Mark
Perdue Foods LLC v. BRF S.A. (Lawyers Weekly No. 001-033-16, 13 pp.) (Motz, J.) No. 14-2120, Feb. 19, 2016; USDC at Baltimore, Md. (Bredar, J.) 4th Cir. Holding: A Brazilian company, BRF, that sold chicken under the trademark “Perdix” did not purposefully avail itself of the privilege of doing business in Maryland just by entering […]
Yosemite Park landmarks get new names amid trademark tussle
FRESNO, Calif. (AP) — Historic hotels and other beloved landmarks at Yosemite National Park will soon undergo a name change in a multi-million dollar tussle over who owns rights to the original names. The Ahwahnee, a luxurious stone and timber hotel with stunning views of the park’s fabled granite peaks, will be called the Majestic […]
Judge dismisses collection agency’s trademark suit against law firm
Even during the holiday season, there’s not likely to be much good will between the borrowers who owe debts and the collection agencies that endeavor to recoup them. Partly for that reason, a federal judge in South Carolina last month rejected a trademark lawsuit brought by a collection agency upset that its name is used […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
Polls
Loading ...
SC Lawyers Weekly keeps you connected with the latest legal news, Daily Practice and Breaking
News alerts.
Sign-up for SC Lawyers Weekly Email Alerts
