OMG Girlz’ recent $71 million win in a jury trial about dolls designed to look like the pop group’s members reveals how a 2023 Supreme Court ruling narrowing First Amendment protections for third-party trademark use is flipping the fortunes of rightsholders.
The Sept. 23 verdict provided a unique insight into the reworkings of trademark and trade dress litigation post-Jack Daniel’s Properties Inc. v. VIP Products LLC. That’s because the high court’s ruling that said using someone else’s trademark as your own source identifier isn’t constitutionally protected speech dropped a month after a different jury had cleared MGA Entertainment ...
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