Intellectual Property Law

Meet Lawsuit Barbie: She’s been busy at Barbie’s courthouse

Barbie has been living in the real world for a long time. Because of the doll’s colossal success since its introduction in 1959, countless lawsuits have gone through the courts as the doll’s maker has sought to enforce its rights and protect her image.

Jul 25, 2023 9:36 AM CDT

Weekly Briefs: ‘Taco Tuesday’ trademark spat resolved; Trump Organization settles with Michael Cohen

‘Taco Tuesday’ trademark abandoned Taco John’s has agreed to give up its “Taco Tuesday” trademark after Taco Bell sought its cancellation in what it described as a “liberation” campaign. Taco John’s CEO Jim Creel said in a statement “paying millions of dollars to lawyers to defend our mark just doesn’t…

Jul 21, 2023 2:35 PM CDT

Twitter threatens rival Meta with legal action over popular new app Threads

Twitter is threatening to sue Meta after the release and rapid popularity of its new app Threads.

Jul 7, 2023 8:58 AM CDT

Another BigLaw firm delays start dates for some associates

Perkins Coie has pushed back start dates for some first-year associates, according to two published reports.

Jun 22, 2023 9:40 AM CDT

Banana-on-wall artwork didn’t infringe another artist’s work, federal judge says

A federal judge in Miami has tossed an artist’s lawsuit contending that his copyrighted artwork consisting of a plastic orange and a banana duct taped to a green panel was infringed by a second banana display.

Jun 13, 2023 12:12 PM CDT

Supreme Court gives Jack Daniel’s a chance to prove infringement in ‘Bad Spaniels’ trademark parody case

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.

Jun 8, 2023 1:42 PM CDT

Lawyer for federal appeals judge barred from new cases finds orders ‘incredible’ and ‘stunning’

A lawyer representing a 95-year-old federal appeals judge is criticizing a judicial council’s refusal to assign her new cases and an investigating committee’s new focus on her failure to cooperate.

Jun 8, 2023 8:58 AM CDT

BigLaw firm was ‘caring only about its bottom line’ when it wrongly fired pregnant associate, suit says

A former intellectual property associate at DLA Piper has filed a gender bias lawsuit alleging that DLA Piper fired her because she sought maternity leave.

Jun 7, 2023 10:10 AM CDT

SCOTUS will consider First Amendment right to trademark ‘Trump too small’ without Trump’s consent

The U.S. Supreme Court has agreed to consider whether the First Amendment was violated when the U.S. Patent and Trademark Office refused to register a trademark for the slogan “Trump too small.”

Jun 6, 2023 8:46 AM CDT

Taco Bell seeks to cancel trademarks for ‘Taco Tuesday’ in ‘liberation’ campaign

Taco Bell filed two petitions to cancel trademark registrations for the phrase “Taco Tuesday” last week while touting its “liberation” campaign.

May 23, 2023 3:21 PM CDT

Kagan, Sotomayor write dueling opinions in SCOTUS fair-use ruling against Andy Warhol Foundation

U.S. Supreme Court Justice Elena Kagan complained in a dissent Thursday that a majority ruling by liberal colleague Justice Sonia Sotomayor had adopted a “posture of indifference” and left “in shambles” part of a fair-use test used in copyright cases.

May 18, 2023 11:32 AM CDT

Federal circuit judge, 95, flunked security training, displayed hacking paranoia, exam order alleges

Judge Pauline Newman of the U.S. Court of Appeals for the Federal Circuit has until May 23 to decide whether she will submit to a medical examination for competency with two specialists, according to a May 16 order by a three-judge investigative committee that details the reasons for its concerns.

May 18, 2023 8:43 AM CDT

Sotomayor and Gorsuch didn’t recuse in cert denials involving their publisher

U.S. Supreme Court Justices Sonia Sotomayor and Neil Gorsuch failed to recuse themselves when considering cert petitions involving the publisher of their books, Penguin Random House.

May 8, 2023 12:09 PM CDT

Federal judge warns law firm that ‘judge shopping ain’t a thing here’

Plaintiffs can’t go looking for “greener judicial pasture” by dropping 213 of 218 defendants from a lawsuit and then filing a new suit against the same 213 defendants, according to a federal judge in Chicago.

May 3, 2023 3:14 PM CDT

Chemerinsky: Expect momentous decisions from the Supreme Court as term ends

Unless there is an emergency matter to be heard, the U.S. Supreme Court completed oral arguments for the October 2022 term April 26. The court is expected to hand down decisions by the end of June in all of the argued cases, with a flurry of decisions in the most high-profile cases expected at the very end. What are likely to be the most important rulings from the October 2022 term?

Apr 27, 2023 8:51 AM CDT