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Free Speech Likelihood of Confusion Rogers Test

Dorsey & Whitney LLP

Is the Art of Parody Dead? - Implications of SCOTUS Jack Daniel’s Opinion A Year Later

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It has been a year since the Supreme Court issued its decision in the multiple-year legal battle between VIP Products LLC and Jack Daniel’s. We covered this dispute when it was back at the 9th Circuit....more

Foster Garvey PC

Supreme Court Reinforces Trademark Protections for Brand Owners in Jack Daniel’s Decision

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The recent Supreme Court decision in the Jack Daniel's trademark lawsuit against a dog toy manufacturer has significant implications for both brand owners and those seeking to parody established trademarks....more

Jones Day

SCOTUS Holds Whiskey-Themed Dog Toy Not Entitled to First Amendment Protection

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In a closely watched trademark infringement case, the Supreme Court of the United States held that when an alleged infringer uses a trademark as a source identifier for the infringer's own products, the First Amendment does...more

Coblentz Patch Duffy & Bass

Supreme Court’s Bad Spaniels Decision Limits Parody Defense to Trademark Infringement

On June 8, 2023, the Supreme Court issued a unanimous decision in Jack Daniel’s Properties, Inc. v. VIP Products, limiting the scope of a parody defense to a trademark infringement claim...more

Fox Rothschild LLP

Jack Daniel's Wins Supreme Court Battle with Dog Toy Seller Who Mocked Iconic Brand

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In a win for brand owners across the country, the U.S. Supreme Court ruled last week that potential infringers as a threshold matter are not automatically shielded from liability by simply claiming their infringement includes...more

Warner Norcross + Judd

Identifying the Source of Goods and Services Is No Laughing Matter

On June 8, 2023, the United States Supreme Court clarified an important unanswered question about the line between the First Amendment’s freedom of speech and trademark owners’ rights under the Lanham Act. In a unanimous, 9-0...more

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