“There is no “special First Amendment protection” for product parodies that use trademarks as their own trademarks, the U.S. Supreme Court ruled Thursday in a case involving Jack Daniel’s and the maker of a parody dog toy. The Supreme Court unanimously vacated a decision by the 9th U.S. Circuit Court Read more…
“Taco Bell filed two petitions to cancel trademark registrations for the phrase “Taco Tuesday” last week while touting its “liberation” campaign. The petitions seek to cancel trademarks registered by Gregory Hotel Inc. and Spicy Seasonings, which operates the Taco John’s restaurant franchise, according to Bloomberg Law and a May 16 Read more…
“A Massachusetts judge has refused to toss a $636 million malpractice lawsuit contending that a botched contract drafted by Proskauer Rose caused its client’s loss of a minority interest in a hedge fund. Judge Kenneth W. Salinger of the Suffolk County Superior Court in Massachusetts ruled for former Proskauer Rose Read more…
“. The Affirmative Defense of Prosecution Laches Wednesday, March 29, 2023 The Summary Modern U.S. Patent Law provides a patentee with a right to exclude others from practicing an invention for twenty years from the earliest priority date. Is it possible that a company could today infringe a U.S. patent Read more…
“The U.S. Supreme Court has agreed to decide whether a parody dog toy called “Bad Spaniels” is entitled to protection from trademark infringement and dilution-by-tarnishment claims by Jack Daniel’s Properties Inc. The Supreme Court agreed Nov. 21 to review a decision by the 9th U.S. Circuit Court of Appeals at Read more…
“A federal appeals court on Wednesday blocked a California law that makes it a crime to require employees to sign agreements for arbitration of workplace disputes. The 9th U.S. Circuit Court of Appeals at San Francisco ruled that the law was preempted by the Federal Arbitration Act, report Reuters and Read more…
“Lawyers who copy their clients on emails and other forms of electronic communications when messaging a lawyer representing someone in the same matter have given implied consent to receiving a “reply all” response back from the recipient counsel, absent special circumstances, according to a new ethics opinion from the ABA. Read more…
“The 5th U.S. Circuit Court of Appeals at New Orleans on Saturday granted an emergency motion to stay the federal government’s vaccine mandate for larger employers pending expedited judicial review. The 5th Circuit acted in a suit by several companies and the states of Texas, Louisiana, Mississippi, South Carolina and Read more…
“ Erik Baylis loves the bar and restaurant life. He started as an hourly employee working in a bar and now owns Big Onion Hospitality, a Chicago company with seven local restaurants and bars and one in Nashville. It’s thrilling to create your own business, Baylis says, and it’s satisfying Read more…
“ “In their thoughtful and provocative article, Pseudo-Contract and Shared Meaning Analysis,1×1. 132 HARV. L. REV. 1135 (2019). Professors Robin Bradley Kar and Margaret Jane Radin argue that contract — that is, the presumptively enforceable agreement of the parties — should be limited to the “shared meaning” of the parties, and that the boilerplate surrounding that Read more…