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Articles by Breanne Wernars
(Mountain) Dew Process: SCOTUS Takes Up the RISE Brewing Trademark Dispute
The Supreme Court has granted a petition for writ of certiorari in the matter of RiseandShine Corporation, dba Rise Brewing, v. PepsiCo, Inc. to determine if the strength of a trademark in a likelihood of confusion analysis is a question of fact for a jury, or a question of law for a judge. The dispute has been brewing (pun very much intended) since 2021 after RiseandShine Corporation, dba Rise Brewing (“Rise”) filed suit against PepsiCo, Inc.
Has Miss Betty Boop Boop-Oop-a-Dooped Into The Public Domain? Sort of. | JD Supra
Fans of the iconic Betty Boop character have taken to social media to share their dream celebrity casting for Miss Boop now that Dizzy Dishes, the six-minute cartoon that first featured the Betty Boop character, has entered the public domain. However, fans may be disappointed to learn this entrance into the public domain doesn’t make the Betty Boop IP free for all to use.
Don’t Get Duped: The Rise of “Dupe” Litigation in the United States
If you’ve scrolled on social media, set foot in a popular retailer, or have a teenager in your life, it’s likely you’ve heard the term “dupe” (short for “duplicate”) to describe affordable alternatives to high-end products such as handbags, makeup, and even furniture. Indeed, one need only conduct a cursory search on Amazon or the TikTok Shop to find a cheaper alternative for any luxury product imaginable. For brand owners, however, the rise of dupes can be a serious problem. “Dupes” vs.
Don’t Get Duped: The Rise of “Dupe” Litigation in the United States | JD Supra
If you’ve scrolled on social media, set foot in a popular retailer, or have a teenager in your life, it’s likely you’ve heard the term “dupe” (short for “duplicate”) to describe affordable alternatives to high-end products such as handbags, makeup, and even furniture. Indeed, one need only conduct a cursory search on Amazon or the TikTok Shop to find a cheaper alternative for any luxury product imaginable. For brand owners, however, the rise of dupes can be a serious problem. “Dupes” vs.
Get Ready: USPTO Trademark Fees Increase January 18, 2025 | JD Supra
The United States Patent and Trademark Office (“USPTO”) recently issued a final rule adjusting certain trademark fees for United States trademark applications and registrations. Most aspects of the rule go into effect January 18, 2025, so practitioners and rights holders should be ready for the change and plan ahead to avoid unnecessary costs if possible.
Prebiotic or Placebo? False Advertising Class Action Lawsuit Filed Against Poppi Soda | JD Supra
The company behind social media phenomenon, Poppi Soda (“Poppi”) may be in fizzy waters for its claims the beverage provides prebiotic benefits to consumers. In a recently-filed California suit, named plaintiff, Kristin Cobbs, initiated a class action lawsuit against the owner of Poppi, VNGR Beverage LLC (“VNGR”) claiming its advertisement and on-label representations of Poppi’s health benefits are unfounded and in violation of several California statutes.
Supreme Court’s Jack Daniel’s Decision Clarifies that Traditional Trademark Use “Does Not Receive Special First Amendment Protection,” Even When it Has Expressive Message | Dorsey & Whitney LLP - JDSupra
Humor matters, but it’s not the most important thing when considering a trademark infringement or dilution claim. In a decision with references to The Hangover Part II, Aqua’s song “Barbie Girl” (good luck not getting that stuck in your head if you grew up in the 90’s…), Tommy Hilfiger, and Harley-Davidson, the Supreme Court clarified the interaction of First Amendment protections, on the one hand, and trademark infringement and dilution claims involving “expressive works,” on the other hand.
So, Nine Justices Walk into a Bar...SCOTUS to Consider Role of Humor in Infringement and Dilution Claims | JD Supra
Justices of the Supreme Court will soon put on their whiskey glasses to decide the proper tests for infringement and dilution claims involving humorous use of another’s trademark. The Court granted certiorari in November to consider a dispute between VIP Products, LLC (“VIP”) and Jack Daniel’s Properties, Inc. (“Jack Daniel’s”) over VIP’s “Bad Spaniels” dog toy, which Jack Daniels contends infringes and dilutes its famous trademarks and which VIP asserts is permissible under the First Amendment.
Forestall Phishing Forays with Sophisticated Domain Name Watching | JD Supra
With the holiday season upon us and online goods and services flying off the virtual shelves, companies should not lose sight of the increased risk of phishing and cyberattacks. Society’s reliance on online commerce means businesses are under immense pressure to ensure their website domain names provide a safe destination for customers. To do so, they must prevent attacks on themselves and their customers.
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