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Totes & Trademarks: Inside the Ongoing Battle Between Trader Joe’s and Its Union
[1] Overview On September 8, 2025, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit revived a trademark infringement lawsuit brought by Trader Joe’s Company (“Trader Joe’s”) against Trader Joe’s United (“TJU”)—the grocery store chain’s employee union.[2] The decision is the latest installment in an ongoing battle over products sold by TJU which allegedly infringe Trader Joe’s federally registered trademarks.[3] The dispute raises important issues at the

Harrison Lavelle
Nov 126 min read


Old Knowledge vs. New Tech: Britannica Takes On AI
[1] If you look up “AI” in the dictionary, do not be surprised if the definition comes with a citation to a federal court case. [2] That is exactly where things stand after Encyclopedia Britannica (“Britannica”) and its sibling company Merriam-Webster (“Webster”) filed suit against Perplexity AI in the Southern District of New York. [3] Perplexity AI’s search engine “Perplexity” is an AI-powered search and answer engine designed to respond conversationally to users’ queries

Colby Smith
Oct 224 min read


Hue Owns It?: Baylor's Colorful Trademark Clash with Boston University
[1] Background On August 8, 2025, Baylor University (“Baylor”) sued the Trustees of Boston University (“Boston”) for trademark infringement over Boston’s use of the interlocking “BU” logo, a trademark registered by Baylor. [2] In 1987, Baylor sought to register its interlocking “BU” within Class 25. [3] Boston opposed Baylor’s trademark application, and a year later, the two universities reached an agreement that allowed both universities to use the “BU” initials. [4] The

Nick Biad
Oct 154 min read


The Legality of Trends: How Close Can a Dupe Get?
[1] “Dupe” culture is one of many trends that has exploded over the last several years on TikTok. [2] Short for “duplicate”, dupes are knockoff items of luxury products, often being sold at much cheaper prices than the original. [3] Unlike counterfeit items, dupes are usually sold without the trademarked logos of the original product. [4] Dupes are no longer being viewed as products for people who cannot afford the original, but more as a ‘badge-of-honor’ for acquiring a

Seychelle Takahashi
Sep 257 min read


Dog Toy Copycats: The Future of Brand Parodies Following Jack Daniel’s v. VIP Products
[1] While a dog toy and a bottle of whiskey may appear to have numerous differences, the Supreme Court recently addressed the similarities between the two in Jack Daniel’s Properties, Inc. v. VIP Products. LLC . [2] On June 8, 2023, the Court unanimously vacated a Ninth Circuit decision holding that VIP Products (“VIP”) did not infringe on Jack Daniel’s trademark when VIP produced a dog toy parody of a Jack Daniel’s whiskey bottle. [3] The Court held that, on the infringe

Greta Zimmerman
Nov 2, 20237 min read
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