Join Kilpatrick’s Ted Davis for his annual review of recent developments in United States trademark and unfair competition law. In this session, attendees will gain invaluable insights into:

• Vidal v. Elster, 602 U.S. 286 (2024), in which the Supreme Court employed a history-and-tradition framework for the first time when evaluating a First Amendment-based challenge to government action, and which therefore has possible consequences far beyond trademark law;

• Dewberry Engineers Inc. v. Dewberry Group, 145 S. Ct. 681 (2025), in which the Court confirmed that the inherently flexible nature of the equitable remedy of an accounting of a defendant’s profits nevertheless is subject to guardrails;

• revised findings of fact and conclusions of law on remand in Jack Daniel’s Properties, Inc. v. VIP Products LLC, 599 U.S. 140 (2023);

• the continued viability of the test for infringement first articulated in Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989), in cases not presenting trademark uses by defendants;

• the possible beginning of the end for the Dawn Donut Doctrine; and

• the Federal Circuit’s war on color marks.

This comprehensive update is essential for legal professionals looking to stay current on key trademark law developments.

IP Innovations

Intellectual Property Innovations is a series of one-hour webinars on cutting-edge intellectual property issues and recent IP developments for corporate and IP attorneys, technology-transfer personnel, business executives, and IP consultants.