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Jack Daniels Properties Inc v VIP Products LLC Free Speech Lanham Act

Greenberg Glusker LLP

Supreme Court Says First Amendment Can’t Save 'Trump Too Small' Trademark Bid

Greenberg Glusker LLP on

On June 13, the Supreme Court issued an opinion in Vidal v. Elster, 602 U. S. ____ (2024), a case involving a plaintiff’s attempt to register the trademark “Trump too small” (a reference to a key political issue in the 2016...more

Kohrman Jackson & Krantz LLP

Supreme Court to Examine Free Speech Limits in “TRUMP TOO SMALL” Trademark Case

The intersection of free speech and private business branding is once again in front of the Supreme Court of the United States. On June 5th, the Supreme Court decided to hear Vidal v. Elster, Case 22-704, an appeal from the...more

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

McDonnell Boehnen Hulbert & Berghoff LLP

Parody, trademarks and the courts

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

Polsinelli

Relax Jack...It’s Only a Joke!

Polsinelli on

Jack Daniel’s Properties, Inc. v. VIP Products LLC. (Docket 22-148) On March 22, 2023, VIP Products LLC told the Supreme Court that its parody Bad Spaniels whiskey-bottle-shaped dog toys do not violate the Lanham Act...more

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