Trademarks, Copyrights, Brands, T-Shirts, and Champagne with Tiffany Gehrke and Kelley Gordon

Concepts: Intellectual Property Law, Copyright Law, Trademark Law

Listen as intellectual property attorneys Tiffany Gehrke and Kelley Gordon of Marshall Gerstein in Chicago share their insights into three matters relevant to anyone watching copyright and trademark law, or anyone fond of branded t-shirts and fancy French beverages. 

I talk to Tiffany Gehrke about two cases. One isVidal v. Elster, better known as the “TRUMP TOO SMALL” case. Just decided by the Supreme Court, this deals with whether a mark containing criticism of a government official or public figure – which is barred by the “names clause” of the Lanham Act – violates free speech. Justice Thomas wrote the majority opinion, which Tiffany outlines.

The other case is Penn State v. Vintage Brands, which is pending in Pennsylvania federal court and is expected to have wide-reaching implications for retailers and brand owners alike. Vintage Brand uses Penn State’s registered Nittany Lions trademarks on t-shirts, hats, and other goods, and argues that use of the trademarks constitute a defensible “ornamental use.” We shall see!

Finally, I ask Kelley Gordon for her take on a dispute between a popular Instagram influencer, Lauren Holifield, and champagne brand Veuve Clicquot. Holifield temporarily and surprisingly lost her IG account after Veuve Clicquot raised trademark infringement concerns on three of Holifield's videos. This was a big deal for her. She was earning six figures. OMG. Hear what Kelley has to say.

I hope you enjoy the conversation! If so, give us a rating!

This podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the vLex Fastcaselegal research family, which includes Full Court Press, Law Street Media, and Docket Alarm.

If you have comments, ideas, or wish to participate, please drop me a note at Editor@LitigationConferences.com.

Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
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Tiffany D. Gehrke
Tiffany D. GehrkeMarshall, Gerstein & Borun LLP
Partner and chair of Marshall Gerstein's Trademarks & Copyrights practice group Tiffany D. Gehrke helps people protect their most important assets – their ideas and their reputation. Whether a business is a multi-national corporation or a startup, Tiffany partners with clients to strategically protect their products, their services, and their brand identity. She has extensive experience representing a variety of organizations, and frequently counsels biotech and pharmaceutical clients. Tiffany has many years of experience practicing before state and federal courts, the U. S. Patent and Trademark Office, and other dispute resolution forums. Tiffany counsels clients for a variety of transactions, including licenses and assignments, and has guided them through acquisitions and divestitures of IP assets. Tiffany earned her J.D. from Loyola University Chicago School of Law.
Kelley S. Gordon
Kelley S. GordonMarshall, Gerstein & Borun LLP
A partner at Marshall, Gerstein & Borun LLP, Kelley Gordon’s background in both science and the arts in combination with a broad range of litigation experience allows her to provide unique guidance in advising clients with their litigation and enforcement strategies across a variety of industries including pharmaceuticals, technology, consumer products, and service industries. Kelley assists clients with their individualized global and domestic portfolio maintenance goals, develops enforcement strategies, and serves clients’ litigation needs before the Trademark Trial and Appeals Board, District Court and the United States International Trade Commission. In addition to counseling clients in branding strategies and aiding clients in registering trademarks and copyrights, Kelley’s practice focuses on enforcement of clients’ intellectual property through opposition and cancellation proceedings, social media enforcement, Uniform Domain-Name Dispute-Resolution Policy proceedings, and District Court litigation. Kelley earned her J.D. from The John Marshall Law School in Chicago (now University of Illinois-Chicago School of Law) where she earned her certificate in Intellectual Property Law.