Close on the heels of the unanimous decision in Amgen v. Sanofi, the Supreme Court handed down another unanimous decision in Jack Daniel’s v. VIP Products. Justice Kagan wrote the opinion, with Justice Sotomayor and Justice...more
6/13/2023
/ Dilution ,
First Amendment ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Parody ,
Popular ,
Rogers Test ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
Delineating the boundaries between trademark protection and protected speech has been a long-contested legal issue. On one hand, the Lanham Act governs the use of trademarks to protect consumers from a likelihood of confusion...more
5/31/2023
/ First Amendment ,
Free Speech ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Parody ,
SCOTUS ,
Trademark Litigation ,
Trademark Registration ,
Trademarks
The much-anticipated oral arguments for the case between Jack Daniel’s and a dog toy company, VIP Products, took place at the Supreme Court of the United States on March 22. One of the issues is whether “dog toys [are]...more