IP & Technology Law Trends
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FTC Proposes New Rule to Ban Employment Noncompetes
In the summer of 2021, President Biden signed an executive order that, among other things, asked the Federal Trade Commission (FTC) to consider curtailing the use of employment noncompetes. This week, the FTC answered the call by announcing a notice...
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Second Time Lucky? Supreme Court Grants Cert in Jack Daniel’s Dog Toy Case
The United States Supreme Court has granted certiorari to Jack Daniel’s distillery in its appeal of a Ninth Circuit decision holding that a dog toy manufacturer’s use of the Jack Daniel’s trademarks and label design is expression protected by the Fir...
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Supreme Court to Review Trademark Territoriality
A few weeks ago, we wrote about a trademark territoriality case being presented to the U.S. Supreme Court. We write now with a follow-up: the Court has agreed to hear it.
The case is Abitron Austria GmbH v. Hetronic International, Inc., and it prese...
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Supreme Court to Clarify Internet Safe Harbor Provisions
The U.S. Supreme Court has agreed to hear a case questioning whether “safe harbors” granted to the operators of online platforms apply to the algorithmic process that allowed recruiting messages from terrorist group ISIS to be temporarily available o...
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“Wavy Baby” Case Tests Definition of an Expressive Work
Is the Wavy Baby a sneaker or a comment on “sneaker culture”? A commercial product or a collectible artwork? This is the most recent variation on a question that has had growing urgency in trademark law over the past decade: What is an expressive w...
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Supreme Court May Review Trademark Territoriality
Increased globalism brings with it a need to re-examine and clarify the territorial limitations traditionally applied to trademark rights. Should U.S. users of foreign trademarks and foreign users of U.S. trademarks be subject to the provisions and remedies of the Lanham Act irrespective of where sales—and damages—occur?
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