IP Insights
Sorry, Puppy, But the Whiskey Ain’t Playin’ Anymore
The Supreme Court has issued its opinion in the trademark case Jack Daniel’s Properties, Inc. v. VIP Products LLC, June 8, 2023 (Slip Opinion). Jack Daniel’s makes the best-selling, and arguably most well-known, whiskey in the United States. VIP makes dog toys. In this case, a chewable dog toy that closely mimics the well-known (and […]
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Warhol’s Orange Prince Silkscreen, SCOTUS, and Fair Use v. Generosity Towards Generative AI
On May 18, 2023, the Supreme Court decided in favor of photographer Lynn Goldsmith whose 1981 licensed Newsweek photo of rock star Prince was used in 1984 as the basis for Andy Warhol’s Prince series of silkscreen prints. In 2016, the Andy Warhol Foundation licensed one of the prints to Condé Nast for a magazine […]
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Federal Circuit Reverses Ruling Adding Inventor to Hormel Patent
In a May 2, 2023 precedential opinion in HIP, Inc. v. Hormel Foods Corporation (available here), the Federal Circuit reversed an order from the District of Delaware adding an individual as a joint inventor to U.S. Patent No. 9,980,498, a Hormel Foods Corporation (“Hormel”) patent directed to methods of precooking bacon and meat pieces (the […]
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The Winds of Change May be Imminent: Supreme Court Hears Oral Argument in Amgen v. Sanofi
On March 27, oral argument was held before the Supreme Court (read here) in what promises to be a landmark decision for patent law, Amgen v. Sanofi. Jeffrey Lamken argued on behalf of the patentee, Amgen, and Paul Clement argued for Sanofi, with support from the DOJ attorney, Colleen Sinzak, who also supports the Federal […]
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