Law 360’s “Biggest Trademark Rulings of 2023” and Key Takeaways

Check out Law 360 lists the following as its picks for the most impactful trademark rulings of 2023, and Brient IP’s key takeaway from each case:

Jack Daniel’s Properties Inc. v. VIP Products LLC, Case Number 22-148, Supreme Court of the United States

💡Key Takeaway: The Rogers v. Grimaldi test “cannot apply when an alleged infringer uses another’s trademark to identify its own goods”

 ② Abitron Austria GmbH et al. v. Hetronic International Inc., Case Number 21-1043, Supreme Court of the United States

💡Key Takeaway: To be actionable in a trademark infringement claim, the defendant’s infringing conduct must occur in the United States

③ Great Concepts LLC. v. Chutter Inc., Case Number 22-1212, U.S. Court of Appeals for the Federal Circuit

💡Key Takeaway: The Trademark Trial & Appeal Board does not have the power to cancel a registration because the owner filed a fraudulent Section 15 declaration

④ Spireon Inc. v. Flex Ltd., Case Number 22-1578, U.S. Court of Appeals for the Federal Circuit

💡Key Takeaway: The party opposing a trademark registration has the burden of establishing the strength of its trademark – including proving that any identical third-party marks for identical goods are not actually in use

⑤ In re Seminole Tribe of Florida, Case Number 87890892, Trademark Trial and Appeal Board

💡Key Takeaway: Provides insight on how to protect your three-dimensional mark, including showing that it is inherently distinctive

For the full article by Ivan Moreno, see


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