In 2024, pivotal developments in IP law transformed agency deference standards and reshaped trademark intersection with the First Amendment, generating significant implications for creative expression.
The Supreme Court's decision to abrogate the Chevron ruling changed how agencies are deferred to in court, significantly affecting the legal landscape of intellectual property.
The VIP Products decision led to restricted First Amendment defenses against trademark claims, which may chill legitimate artistic expression and disrupt existing trademark rights.
The OMG Girlz case illustrates the effects of VIP, where a retrial found stronger trademark claims over First Amendment defenses, significantly impacting trademark litigation.
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