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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

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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

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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

International Lawyers Network

Free Speech, Chatting About Friends, Kraken/Crackin’ On AI, & Thinking About Fred & Ginger: Generated Content, Amici Curiae, & A...

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Lots of people are talking about ChatGPT. Some, like those at Microsoft, see it as a valuable tool to be integrated into their products and platforms; indeed, one of its lawyers thought that the answer provided by ChatGPT...more

McDermott Will & Emery

On the Border of Art and Trademark: First Amendment Trumps the Lanham Act

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The US Court of Appeals for the Eleventh Circuit weighed trademark rights against free speech considerations and found that the First Amendment protected use of an artistic work that was not deliberately misleading. MGFB...more

King & Spalding

Trademark Parody and Freedom of Speech in the U.S.

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Food and beverage brands are routinely listed among the most famous and valuable brands in the world. With fame, however, comes the increased chance that a brand will be a target for trademark parodists. A March 2020...more

Sunstein LLP

Humvee Goes Into Battle: Will Its Trademarks Leave Tread Marks on Video Game Makers?

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The realism of video games is intensified by the inclusion of products and brands we recognize from daily life. Can the thrill of such verisimilitude coexist alongside the rights of trademark owners?...more

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