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Healthcare Securities Class Actions, SEC Enforcement & Emerging Capital Markets Risks
September 2, 2026
Mike Hobbs, a partner in Troutman Pepper Locke’s Intellectual Property Practice Group, was quoted in the August 7, 2026 Bloomberg Law article, “Jack Daniel’s Dog Toy Tarnishment Ruling Raises Dilution Bar.”
- “This is a new standard,” Michael D. Hobbs Jr. of Troutman Pepper Locke observed. “I think they wanted to create a framework: ‘These are the aspects of your case and you better bring it.’ Generally, plaintiffs have been able to use a broad brush and say ‘it must be offensive your honor, it’s talking about poop.'”
- …
- Hobbs said the case shows brand owners need to get an expert who’s “really zeroing in” on specific marks and resulting harm. The core mistake Jack Daniel’s made was trying to “define the famous marks collectively,” when in reality “each one has to stand on its own.” And though the Supreme Court noted that parody isn’t necessarily a get-out-of-jail free card, he said, it will ultimately play a significant role in the analysis.
- “Be specific about your marks, get an expert who’s specific about the damages,” Hobbs said, “and if it’s parody, it’s going to be a high bar.”
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PFAS for Decision Makers: Managing PFAS Risk in Today’s Deals – While Preparing for What’s Next
August 27, 2026 | 12:00 PM – 1:00 PM CT
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Cocktails and Networking During MEDevice Boston
August 26, 2026 | 6:00 PM – 8:00 PM ET
Lifted Restaurant
450 Summer St, Boston, MA 02210
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The 2026 Multifamily Maturity Cliff: Reading the $162 Billion Refinancing Wave and the Engagements It Will Generate
August 26, 2026 | 1:00 PM – 3:10 PM ET
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