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Intellectual Property

Sep. 12, 2023

3rd trial over doll IP is likely after ruling from Supreme Court

Weeks after a complete defense verdict, the Supreme Court reversed a decision by the 9th U.S. Circuit Court of Appeals that a “Bad Spaniels” dog toy, resembling a Jack Daniel’s whiskey bottle, was protected under the First Amendment because it communicated a humorous message.

A third trial is warranted in a former pop group’s $100 million intellectual property dispute with toymaker MGA Entertainment Inc. in light of a recent U.S. Supreme Court ruling, a federal judge in Santa Ana tentatively ordered.

Ahead of a hearing on Monday, U.S. District Judge James V. Selna also tentatively denied without prejudice the motion for attorney fees filed by MGA Entertainment, which prevailed at the second trial against the OM...

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