United States: Trademark

A U.S. Supreme Court review of Rise Brewing's trademark infringement case against PepsiCo could fundamentally alter who determines brand strength in trademark disputes. The case examines whether judges or juries should assess trademark distinctiveness, with implications for how businesses select and enforce their marks. Existing marks and registration statements may significantly impact a company's ability to protect its trademark rights.

The 1975 Pet Rock phenomenon demonstrates how Gary Dahl transformed an ordinary stone into a million-selling novelty product through branding, packaging, and storytelling rather than the product itself. This case study reveals critical lessons about identifying where business value truly resides and how intellectual property strategy should align with those actual sources of competitive advantage rather than assumptions about what can be patented.

A business decides to file a trademark. Someone on the team searches for a familiar online legal-services brand, clicks the first result, and lands on a site with a similar-sounding name, a polished design, five-star reviews, and a low flat fee. The application gets filed. Months later the business learns the “service” was not who they thought it was, the filing was signed by someone with no authority to sign it, and the USPTO has suspended the application along with hundreds or thousands of others from the same shop.

The Trademark Trial and Appeal Board's precedential decision in In re Everwise Credit Union examines whether a credit union's use of its mark constituted bona fide commercial use or merely token use designed to reserve trademark rights. The case centers on whether Everwise Credit Union had actually used its mark in commerce by the deadline to file its Statement of Use, or whether the mark's appearance on its website was simply a placeholder for a future rebrand that occurred two months later.

Universal Music Group's lawsuit against DistroKid raises a critical question about AI disclosure in consumer markets: when does the use of artificial intelligence become material information that must be disclosed to consumers? The case centers on allegations that DistroKid distributed mass-generated AI music while creating the impression it was created by legitimate human artists, potentially violating existing consumer protection laws even without specific AI disclosure requirements.

After 12 years of litigation, the Ninth Circuit has finally ruled in the epic trademark dispute between Jack Daniel's and VIP Products over the "Bad Spaniels" dog toy parody. The court's decision establishes crucial new standards for proving dilution by tarnishment, requiring brand owners to demonstrate mark-specific fame and actual reputational harm rather than relying on offensive associations alone.

A federal court awarded Van Leeuwen Ice Cream nearly $24 million in a trademark infringement case against Rebel Creamery, but less than a month later, Rebel filed for Chapter 11 bankruptcy protection.

When a domain registrant incorporates a world-famous trademark into their web address, claiming to describe a legitimate service may not provide legal protection. A Ninth Circuit ruling in Smith v. Airbnb demonstrates how courts evaluate cybersquatting claims under the ACPA, examining the boundaries of nominative fair use and the limits of safe harbor defenses when famous brands are embedded in domain names.

Courts have escalated from warnings to enforcement on AI hallucinations in legal filings, with seven sanctions issued in the first six days of August 2026 alone. IP litigators face heightened exposure due to citation-heavy briefs, complex multi-factor tests, and cross-jurisdictional AI disclosure requirements that now include bar referrals for unverified AI-generated content.