Please ensure Javascript is enabled for purposes of website accessibility


Jul 19, 2023

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 […]

Jun 9, 2023

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. […]

Apr 17, 2023

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 […]

Apr 28, 2020

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[...]

May 6, 2019

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. […]

Sep 12, 2018

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 […]

Sep 1, 2017

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[...]

Jul 17, 2017

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 – […]

Sep 12, 2016

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 […]

Feb 24, 2016

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 […]

Jan 15, 2016

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 […]

Dec 28, 2015

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

See all Business Law News


See all Commentary


How Is My Site?

View Results

Loading ... Loading ...