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 the 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 constitutes 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 the 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.

Tiffany D. Gehrke is a partner and chair of the Trademarks & Copyrights practice at Marshall Gerstein, where she advises companies—particularly in the biotech and pharmaceutical industries—on brand protection and intellectual property strategy. She earned her J.D. from Loyola University Chicago School of Law.

Kelley Gordon is a partner at Marshall, Gerstein & Borun LLP, where she advises clients across industries, including pharmaceuticals, technology, and consumer products on trademark and intellectual property enforcement and litigation. Her practice includes portfolio strategy, brand protection, and proceedings before the TTAB, federal courts, and the U.S. International Trade Commission. She earned her J.D. from The John Marshall Law School (now the University of Illinois Chicago School of Law).

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Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
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FILED UNDER: Intellectual Property​​
TAGS: Copyright Law | Corporate & Securities | Litigation & appeals | Trademark