Intellectual Property Law

New Matter FALL 2023, VOLUME 48, EDITION 3

NINTH CIRCUIT REPORT

Anne-Marie Dao

Sheppard Mullin

This issue discusses the Supreme Court’s decision in the final saga to our dog chew toys shaped like alcohol cases! I covered this case in past issues of the Ninth Circuit Report. Originally, the Supreme Court denied certiorari, but further rulings prompted the Supreme Court to grant certiorari to answer the question of under which circumstances the humorous use of another’s mark as one’s own mark on a commercial product constitutes trademark infringement or dilution. On June 8, 2023, the Supreme Court issued its opinion.

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