VIP Products, LLC v. Jack Daniel’s Properties, Inc.: Trademark Dilution by Tarnishment Requires Mark-Specific Proof of Reputational Harm, Not Mere Association (2026)
Tuesday, 15 September 2026
Under the Trademark Dilution Revision Act, 15 U.S.C. § 1125(c), tarnishment requires a famous senior mark, a similar junior use, and an association likely to harm the famous mark’s reputation, with the plaintiff bearing the burden on each element. In VIP Products, LLC v. Jack Daniel’s Properties, Inc., No. 25-2027 (9th Cir. Aug. 4, 2026),
- Published in Intellectual Property Law
No Comments
GEMA v. Suno: A German Court Applies U.S. Fair Use to U.S. Training Conduct—and Rejects the Defense (2026)
Tuesday, 08 September 2026
Landgericht München I (42nd Civil Chamber), Case No. 42 O 763/25, decided July 31, 2026, is the first European judgment to hold a generative-AI music tool liable for copyright infringement—and it does so by asserting jurisdiction over training conduct occurring in the United States, applying U.S. copyright law to that conduct, and rejecting the fair-use
- Published in Intellectual Property Law
Emmerich Newspapers, Inc. v. Particle Media, Inc.: Fifth Circuit Rejects the Copyright Server Test and Adopts a “Transmit Requirement” (2026)
Tuesday, 01 September 2026
In Emmerich Newspapers, Inc. v. Particle Media, Inc., No. 25-60550 (5th Cir. Aug. 27, 2026), the Fifth Circuit became the first federal appellate court to squarely reject the Ninth Circuit’s “server test” from Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146 (9th Cir. 2007), as the governing framework for analyzing the Copyright Act’s public
- Published in Intellectual Property Law
Sedlik v. Von Drachenberg: Ninth Circuit Vacates Panel and Reopens Copyright’s “Total Concept and Feel” Test (2026)
Wednesday, 26 August 2026
In Sedlik v. Von Drachenberg, No. 24-3367 (9th Cir. June 9, 2026), the Ninth Circuit granted rehearing en banc and vacated its January 2, 2026, panel opinion, subjecting the circuit’s decades-old framework for proving copyright infringement to the most searching review it has received in half a century. For photographers, creators, and every rights holder
- Published in Intellectual Property Law



