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IP & Technology Law Trends

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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 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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The State is Still Free to Plunder Your Copyrights: Jim Olive Photography v. University of Houston
As we have covered here before, a state’s sovereign immunity can be an insurmountable barrier to holding any state entity liable for copyright infringement. In Allen v. Cooper, the Supreme Court held that Congress did not validly revoke state sovere...
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U.S. Supreme Court Denies Cert in Three IP Cases
The United States Supreme Court denied certiorari in a widely-publicized right of publicity case and two closely-watched copyright cases during the last week of June. In the publicity case, Hamilton v. Speight, Lenwood Hamilton, who wrestled profess...
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SCOTUS Issues Long-Awaited TCPA Ruling Narrowing The Definition Of An Autodialer
On April 1, the Supreme Court issued its highly anticipated ruling in Facebook v. Duguid, which limited what qualifies as an automatic telephone dialing system (ATDS) under the federal Telephone Consumer Protection Act (TCPA). The Court unanimously h...
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