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Jan 10, 2025 | 
jdsupra.com | Alex Butterman |Daniel Davis
Every successful business needs two things: a brand and a budget. However developing and protecting your brand without breaking your budget may seem daunting, especially for startups and small businesses. The good news? It’s more doable than you might think. Here are ten practical tips to help you develop and protect your trademark on a budget.
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Sep 27, 2024 | 
mondaq.com | Daniel Davis |Alex Butterman
In Jack Daniel's v. VIP Products, the U.S. Supreme
Court was asked to decide whether a chewable "Bad
Spaniels" dog toy shaped like a bottle of Jack Daniel's
whiskey violated Jack Daniel's trademark rights. VIP claimed
its dog toy was First Amendment free speech under the
Rogers test—which protects unauthorized trademark
use if the use is artistically relevant and not explicitly
misleading.
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Sep 26, 2024 | 
jdsupra.com | Alex Butterman |Daniel Davis
In Jack Daniel’s v. VIP Products, the U.S. Supreme Court was asked to decide whether a chewable “Bad Spaniels” dog toy shaped like a bottle of Jack Daniel’s whiskey violated Jack Daniel’s trademark rights. VIP claimed its dog toy was First Amendment free speech under the Rogers test—which protects unauthorized trademark use if the use is artistically relevant and not explicitly misleading.
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Sep 9, 2024 | 
thefashionlaw.com | Alex Butterman |Michael Shafer |Charl de Villiers
Chrome Hearts has lodged its latest lawsuit against Fashion Nova. This time the fashion brand is accusing the fast fashion company of copying a custom look that it created for Kim Kardashian – complete with the same embroidery and other embellishments that make use of Chrome Hearts’ trademark-protected cross logos.
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Sep 9, 2024 | 
thefashionlaw.com | Alex Butterman |Michael Shafer |Charl de Villiers
Williams-Sonoma, Inc. (“WSI”) has taken aim at Carrot Cart, Inc., the company behind Dupe.com, in a new lawsuit that accuses the platform of engaging in false advertising, unfair competition, and copyright infringement related to its reverse image search tool that helps users find allegedly inferior, lookalike goods for a fraction of the price.
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Sep 6, 2024 | 
thefashionlaw.com | Alex Butterman |Michael Shafer |Charl de Villiers
TikTok user Jools LeBron (@joolieannie) took the internet by storm when she posted a video encouraging people to be very demure and very mindful in applying their makeup. The post went viral and Jools’ following skyrocketed to over 2 million followers on TikTok, alone. On the heels of her viral fame, Jools posted that the video had changed her life almost overnight. But that celebration was interrupted by a challenger attempting to cash in on Jools’ viral phrase.
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Sep 5, 2024 | 
jdsupra.com | Alex Butterman |Michael Shafer
TikTok user Jools LeBron (@joolieannie) took the internet by storm when she posted a video encouraging people to be very demure and very mindful in applying their makeup. The post went viral and Jools’ following skyrocketed to over 2 million followers on TikTok alone. On the heels of her viral fame, Jools posted that the video had changed her life almost overnight. But that celebration was interrupted by a challenger attempting to cash in on Jools’ viral phrase.
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Sep 3, 2024 | 
mondaq.com | Alex Butterman |Michael Shafer
TikTok user Jools LeBron (@joolieannie) took the internet by
storm when she posted a video encouraging people to be very demure
and very mindful in applying their makeup. The post went viral and
Jools' following skyrocketed to over 2 million followers on
TikTok alone. On the heels of her viral fame, Jools posted that the
video had changed her life almost overnight.
But that celebration was interrupted by a challenger attempting
to cash in on Jools' viral phrase.
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Jul 19, 2024 | 
jdsupra.com | Alex Butterman
Trademarks — which can include words, phrases, symbols, designs, or a combination of these things — play a crucial role in establishing and protecting a brand’s identity: they help ensure that consumers can reliably identify the origin of a product or service, which can build brand loyalty and trust.
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Jan 25, 2024 | 
jdsupra.com | Alex Butterman |Michael Shafer
Trademark litigants should heed the cautionary tale in this case – develop your arguments or risk waiving them.
