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Articles by Evan Everist
INTA in Sunny San Diego: A Quick Wrap-Up | JD Supra
May 27, 2025 Jeffrey Cadwell, Cathy Dahl, Evan Everist, Catherine Parrish Lake, Sarah Robertson, Fara Sunderji, Janet Wong Dorsey & Whitney LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: AI-Driven Advertising: Copyright Issues in the New Frontier – This was a lively and engaging panel that focused on managing the chaos that the burgeoning use of AI by companies and independent contractors has caused relating to ownership...
SCOTUS Holds Affiliate Profits Not Available Under One Lanham Act Provision, But Leaves Door Open for Other Theories | JD Supra
The United States Supreme Court issued a unanimous decision in Dewberry Group, Inc. v. Dewberry Engineers Inc., vacating a nearly $43 million profits award and remanding the case for further consideration. The Court concluded that the Lanham Act’s provision allowing plaintiffs to “recover [a] defendant’s profits” did not permit the lower courts to include profits generated by Dewberry Group’s affiliate entities that were not parties to the case.
SCOTUS Holds Affiliate Profits Not Available Under One Lanham Act Provision, But Leaves Door Open for Other Theories
The United States Supreme Court issued a unanimous decision in Dewberry Group, Inc. v. Dewberry Engineers Inc., vacating a nearly $43 million profits award and remanding the case for further consideration. The Court concluded that the Lanham Act’s provision allowing plaintiffs to “recover [a] defendant’s profits” did not permit the lower courts to include profits generated by Dewberry Group’s affiliate entities that were not parties to the case.
Evan Everist Weighs In on Supreme Court’s Reversal of Fourth Circuit Ruling in Dewberry Case
Evan Everist, a nationally recognized partner in Dorsey’s Trademark, Copyright and Advertising Group, contributed to an article about the Supreme Court's ruling in the Dewberry case. The decision overturned a previous ruling made by the Fourth Circuit which awarded $43 million in profits to the plaintiff.
Evan Everist Shares Insight into IP Rights Behind Viral Phrases
IP Partner Evan Everist was recently interviewed by Annelise Gilbert for Bloomberg Law. Social media stars have been taking advantage of opportunities to secure intellectual property rights for viral phrases and branding. Evan noted the recent "frenzied competition" among viral creators to register trademarks. Learn more by reading the full article on Bloomberg Law.
Partner Evan Everist Comments on U.S. Copyright Office's Warning About Digital Replicas
The U.S. Copyright Office recently published a report on the legal issues at the intersection of copyright and artificial intelligence technologies. The report addressed the apparent need for policies that protect individuals and their personal privacy from deepfakes and voice clones, collectively referred to as digital replicas. The Copyright Office proposed a law that would provide such protections at a federal level.
Partner Evan Everist Shares Insights on Recent Supreme Court Decision Regarding Real Estate Company’s Trademark Petition
The Supreme Court recently granted a real estate company’s trademark petition challenging profits award based on affiliates’ earnings.
Extraterritoriality of the Lanham Act: Fearsome Watchdog or Muzzled Chihuahua? | JD Supra
How far does the Lanham Act’s reach extend? The Supreme Court gave us one answer in Abitron Austria GmbH et al. v. Hetronic International, Inc. and made it simple: not very far. Hetronic is a U.S. company that manufactures remote controls for construction equipment. Abitron (comprised of six non-U.S. companies) at one point sold Hetronic’s products as a licensed distributor. However, Abitron eventually concluded it held rights to Hetronic’s intellectual property, including various trademarks.
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.
Dorsey’s Trademark Lawyers and Offices Ranked in the 2023 World Trademark Review 1000
NEWS & RESOURCES February 13, 2023 International law firm Dorsey & Whitney LLP is pleased to announce that World Trademark Review 1000 (WTR 1000) has recognized the firm nationally in the U.S. and internationally, along with six of its offices and 13 of its attorneys for 2023. Dorsey is included among the world’s top intellectual property law firms with its “United States: National” ranking and “International” ranking.
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.
AI Artwork: Worth a Thousand Words, but Zero Copyright Protection? | JD Supra
[co-author: Martha Broadnax] Technology is changing, but is copyright law keeping up? Stephen Thaler clearly believes it is not and has sued the U.S. Copyright Office over its refusal to register artwork created by his artificial intelligence software.
Final Rules for Trademark Modernization Act in Effect This Weekend - New Nonuse Procedures Available and Shortened Office Action Deadlines on the Horizon | Dorsey & Whitney LLP - JDSupra
Attention trademark practitioners: the finalized rules implementing the 2020 Trademark Modernization Act (“TMA”) go into effect this weekend, on December 18, 2021. Significantly, this marks the availability of three new mechanisms for eliminating “deadwood” registrations: petitions for reexamination, petitions for expungement, and a new nonuse (expungement) cancellation ground. We previously wrote in detail about these three changes here.
It’s a Hard Knock Life for Damon Dash’s Planned NFT Sale | JD Supra
Roc-A-Fella Records (“RAF”) owners Jay-Z and Damon Dash are clashing over Dash’s plans to sell an NFT (“nun-fungible token”) representing either a 1/3 share of the copyright to Jay-Z’s album Reasonable Doubt (if you believe RAF and Jay-Z) or a 1/3 ownership interest in RAF as a whole (if you believe Dash). If you’re wondering what an NFT is, auction house Christie’s (which brokered a staggering $69 million sale of an NFT created by artist Beeple in March 2021) has a great in-depth article.
FTC Finalizes Deals with Six CBD Companies | JD Supra
The FTC recently reached deals with six CBD companies after it issued formal complaints against them in December 2020 over concerns about deceptive practices.
Fair Use Mashup Theory Ga-Fluppted by Ninth Circuit | JD Supra
Just in time to steal ComicMix’s Christmas, the Ninth Circuit recently held that the bookmaker’s mashup story Oh, the Places You’ll Boldly Go! (which combines elements of the Dr. Seuss book Oh, the Places You’ll Go! with Star Trek) is not a defensible fair use under copyright law. The opinion reverses in part a summary judgment ruling by the District Court for the Southern District of California, which we wrote about here.
#AdLaw - A Quick Wrap-Up From The 2020 ANA/BAA Marketing Law Conference | JD Supra
Last week we quickly pivoted from watching the 24/7 “Map Show” to spending our screen time learning at the ANA 2020 Marketing Law Conference. It was a great three days in Chicago in our pajamas of educational seminars. If you didn’t make it this year, don’t worry – here’s a quick wrap-up of the highlights: Influencers – This has been a hot topic at the law conference for many years now. So you may be asking, haven’t we already covered influencers from every possible angle?
TTAB Weighs in on Registrability of CBD Trademarks | JD Supra
In a precedential decision earlier this year, the Trademark Trial and Appeal Board thinned some of the haze surrounding the registrability of trademarks for hemp-derived CBD products. In line with the U.S. Patent and Trademark Office guidelines issued last year (which we wrote about here), the Board confirmed that marks covering food and dietary supplements containing hemp-derived CBD are not currently registrable.
Court Trims Cannabis Company’s Prior Use Defense Based on Preemption by Federal Trademark Law | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Dispute Over KIVA Trademark Continues to Smolder | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
FDA a Buzzkill for 15 CBD Companies | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Time to Face the .MUSIC | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
INTA Boston: Highlights from Bean Town | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Some CBD Trademarks Are Now Federally Registrable Based on New Guidance from the USPTO | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
American Airlines Flying High After Copyright Office Reversal | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Hard Times With WHOIS? INTA Wants To Know | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
INTA Seattle – What You May Have Missed in the Emerald City | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
What’s up with WHOIS? The GDPR May Limit or Prevent Access to Domain Name Registration Information
Domain name registrars and registries might soon be changing their mantra from, “I think ICANN,” to, “Maybe ICANN’T,” when it comes to providing publicly available WHOIS information for domain name registrants. New potential models for WHOIS will be posted January 15, 2018, and attempts to salvage at least most of the existing WHOIS system are underway.
Master of Your Domain - ACPA Damages Sought by Greg LeMond
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KISS That Trademark Application Goodbye
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The Devil Made Me Do It
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