Matthew Hersh

A news publication could not rely on First Amendment protection for its use of a mark even though it made no attempt to parody the original. A news publication named with a common English language…

The parodist could not rely on First Amendment protection because it used the famous sneakers as a source identifier. The maker of a sneaker that parodied a famous brand of skateboard-friendly kicks…

The murals were merely hidden from public view, not modified or destroyed. A law school that covered up two controversial murals with acoustic panels in order to hide them from public view did not…

A long legal battle over the status of “the greatest of all cheeses,” comes to an apparent end. A federal court in Virginia correctly relied on standards of identity written by the Food and Drug…

A district court was too hasty in rejecting the safe distance rule. A federal district court in Detroit must reconsider its decision to allow the Indian maker of an off-road vehicle to release a…

Pepsi earns reversal of pretrial order that would have required it to stop marketing a new Mountain Dew product. A federal district court was wrong to enjoin Pepsi from continuing to market a canned…

Traditional limitations on trademarking a personal name give way to free speech interests when it comes to prominent public officials. The Trademark Trial and Appeal Board violated the First…

A district court rightly enjoined a Wyoming trial lawyer training program from purporting to be the “true board” of a competing program from which it had recently split, the U.S. Court of Appeals for…

Although the federal court stayed its action to allow a state court to determine the scope of certain licenses, the stay could not be reviewed on appeal because it did not effectively end the federal…