Satire and Parody in the Recent SCOTUS Decisions

Carolyn Wimbly Martin and Dana Sussman

Update: The Ninth Circuit case Diece-Lisa Industry, Inc. v. Disney Store USA LLC, U.S., No. 22-347, may shed some light on the line between artistic expression and source identification. Originally, the Rogers test had cleared Disney’s use of the mark at issue, but the case has been remanded in light of Jack Daniel’s Inc. v. […]

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2022 Brings New Requirements Via for Filing Trademark Applications with the United States Patent and Trademark Office: Fourth Addendum

This post is an update. Read the original post here, the first addendum here, the second addendum here and the third addendum here. Throughout 2022 we have reported on the plans of the United States Patent and Trademark Office (“USPTO”) to require filers’ biometric data collected through a private firm,, and its subsequent postponement of the initial […]

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Fall 2021 Survey of Copyright, Trademark and Privacy Cases of Note Across the Federal Courts

Carolyn Wimbly Martin and Margaret Horstman

On November 8, 2021, the Supreme Court heard oral arguments in the case Unicolors Inc. v. H&M Hennes & Mauritz LP, 2021 U.S. Dist. LEXIS 160223 (Aug. 20, 2021). The Justices were critical of Unicolors due to the company’s inconsistent arguments in its brief and petition for certiorari. Unicolors’ brief addressed what knowledge of application […]

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