I ♡ Trademarks NewsletterIssue #453
Bri Van Til | October 14, 2025
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Appeal to the Masses
Don’t you hate it when the appeals court reduces your $10 million award to $1?
SCOTUS’s request for the Solicitor General’s opinion in RiseandShine v. PepsiCo signals the high court may weigh in on a circuit split about whether likelihood-of-confusion analyses are best settled by judges or juries.
On appeal, the British High Court of Justice says Alaska Airlines owes Virgin Airlines royalties, even though they’ve stopped using the brand’s name since acquiring the company. Insert your own jokes and/or Madonna references here.
Are passwords trade secrets? What if they’re bundled with other information when they’re shared?
Traitor Joe’s
Smuckers says Trader Joe’s is edging into their territory with their crustless sandwiches. You know ’cause the crust is the edge of the bread. You know me: I have to jam in puns when I can.
This author argues that the fact that Trader Joe’s lawsuit against its union hasn’t been dismissed is good and healthy for trademark plaintiffs.
For more about Trader Joe’s trademark infringement suit against its labor union—including the merits of the case and what it might mean for trademark practice moving forward—make sure to join us for this fabulous webinar recapping the year’s top trademark issues.
Morbid Fascination
The families of dead celebrities—from MLK to Michael Jackson and from Robin Williams to George Carlin—are incredibly disturbed to see their loved ones depicted in new videos produced by Sora.
Whether you advise clients to put NIL clauses in their estate plans or just to work to protect themselves in life from deepfakes, you’ll likely have lots of questions to answer about this.
This is a trademark fight to the death: DEATH WISH coffee is suing LIQUID DEATH—which has both a bizarre name and a fascinating marketing plan—for trademark infringement.
Professional Concerns
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Whether your current gig has you Truly bored or you’re Angry (Orchard) about the tasks you’re asked to do, (Dogfish) Head over to this site to apply to be transactions counsel for Boston Beer.
Are you the (Dickinson) Wright fit for this IP specialist position?
If you want to be considered for this product counsel position, Pipe up.
Have an open role on your team? Email us at [email protected], and we’ll try to get it in our next newsletter!
Odds and Ends
Sega’s trademark applications for SHADOW THE HEDGEHOG have led to speculation about the character’s future in the Sonic franchise.
UK soccer player Cole Palmer has secured a UK trademark for COLD PALMER after agreeing not to use the mark on wine.
If you missed Lindsey Utrata’s fabulous webinar last week about coexistence agreements, you can watch the recording here.