Tag Archives: Trademark

Supreme(ly) Smelly: Poop-themed Dog Toy Will Test Free Speech Protections in Trademark Infringement Cases

Tristan Clapham – A poop-themed dog toy resembling a Jack Daniel’s bottle will test the limits of parody and First Amendment protections in trademark infringement cases. The Supreme Court is set to decide Jack Daniels Properties v. VIP Products during this term, where the famed whiskey distiller aims to enjoin a dog toy manufacturer from […]

The Broader Implications of An Unexpected Dispute: Athlete Luka Dončić vs. His Mother

 Ryan Brida – The business of sports occasionally creates rifts between athletes and those who seek to profit from their name, image, likeness (“NIL”). Filed in September 2022, the petition for trademark control filed by NBA player Luka Dončić against his mother, Mirjam Poterbin, made evident the complexity of mingling sports and business. It is […]

Sweet Victory: Ferrara, Owner of Nerds Trademark, Prevails Over Cannabis Candy Maker

Emma Johnson – On January 28, 2022, Ferrara Candy Co., the maker of Nerds, successfully obtained a permanent injunction against Higharchy LLC for trademark infringement. The injunction arose out of a lawsuit filed by Ferrara in Illinois against Higharchy, a cannabis retailer and manufacturer, for selling “Bud Bites” and “Bud Clusters,” THC-infused candies whose packaging […]