Marshall Gerstein Partners Tiffany Gehrke and Kelley Gordon recently joined Tom Hagy, host of the Emerging Litigation podcast, on an episode about trademarks and copyrights related to recent cases and emerging trends.
Tiffany, who chairs Marshall Gerstein's Trademarks and Copyrights Practice, discussed two cases taking center stage for their brand implications. She first focused on the U.S. Supreme Court's recent decision in Vidal v. Elster, better known as "TRUMP TOO SMALL." The case involved whether a mark containing criticism of a government official or public figure violates the Free Speech Clause of the First Amendment. Tiffany shared her perspective on the High Court's reasoning and impact.
Tiffany and Tom also discuss Penn State v. Vintage Brands, which is currently before a Pennsylvania federal court and has wide-reaching implications for retailers and brand owners.
Next, Kelley weighs in on the growing challenges for brands when it comes to social media influencers, referencing a recent situation about which she was interviewed in WIRED magazine. Kelley opined on a dispute between an Instagram influencer who lost her account after Veuve Clicquot, the popular champagne brand, filed copyright infringement claims on three of the influencer's videos. The story raises important questions about brand copyright protection as influencer marketing increases.
You can listen to the episode on Emerging Litigation's website or wherever you like to listen to your favorite podcasts.
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