The IP of Everything Podcast - Episode 22 - The IP of Dog Toys
Roundup of 2023 Entertainment Law Cases: Analysis SAG/AFTRA and WGA contracts, No Parody of Iconic Sneaker, AI Copyright Highlights China vs US law; SCOTUS Bad Spaniel and Warhol/Prince.
Hosted Payload Episode 7: Wiley All-Stars / Starship Troopers
Supreme Court Miniseries: Zero Spoof Whiskey
Podcast - The Briefing by the IP Law Blog: Bad Spaniels in the Doghouse – Jack Daniels Prevails in Trademark Fight
The Briefing by the IP Law Blog: Bad Spaniels in the Doghouse – Jack Daniels Prevails in Trademark Fight
Podcast: The Briefing by the IP Law Blog - Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part One, Copyright)
The Briefing by the IP Law Blog - Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part One, Copyright)
40 years ago, I was the new kid in 6th grade – truly a terrible age in a young girl’s life to try and “fit in” at a new elementary school in a small town. But, one of my best memories from that year was procuring my first...more
Explore the legal intricacies of dog toy trademarks such as Chewy Vuitton and Bad Spaniels. Uncover key cases, including a pivotal Supreme Court showdown, with implications for both canines and intellectual property at large....more
Seeing an opportunity to capitalize on comedic freedom of speech and parodistic liberties (think Weird Al Yankovic and Aqua’s Barbie Girl hit song), a pet toy maker decided to create a chewable, squeaky dog toy shaped like...more
The US Supreme Court rejected First Amendment defenses raised by the maker of whiskey bottle-shaped dog chew toys branded BAD SPANIELS based on claims of trademark infringement and dilution of JACK DANIEL’S marks. ...more
The Bottom Line - The U.S. Supreme Court recently decided that, when using another’s trademark “as a designation of source for the infringer’s own goods,” one is not entitled to a First Amendment defense even if the use...more
In the Public Interest is excited to present a miniseries examining notable decisions recently issued by the United States Supreme Court. The first episode in the miniseries welcomes WilmerHale Partner Thomas Saunders, who...more
The U.S. Supreme Court provided clarification on the application of the Rogers test in relation to Jack Daniels v. VIP Products. Scott Hervey and Jamie Lincenberg talk about this ruling on this episode of The Briefing by the...more
The Bad Spaniels and MetaBirkin cases clarify that artistic expression is no foolproof defense to trademark infringement. Brand owners welcomed the decision the US Supreme Court rendered in Jack Daniel's Properties Inc....more
Thank you for reading the June 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we begin a three-part series that closely examines ways to lose trademark rights; share an article that examines the...more
On June 8, 2023, brand owners breathed a sigh of relief with the Supreme Court’s unanimous ruling consistent with prior jurisprudence that potential infringers of a famous trademark are not precluded from liability by merely...more
The U.S. Supreme Court, in a unanimous decision, vacated a decision by the Ninth Circuit that in effect barred trademark infringement and dilution claims against the use of a trademark that parodies the plaintiff’s trademark....more
Whether you operate a large e-commerce company on Amazon, a specialized artisan store on Shopify or Etsy, or a local t-shirt company, all brands producing products resembling famous marks should consider the implications of...more
The United States Supreme Court unanimously sided with Jack Daniel’s in a trademark infringement dispute with dog toy manufacturer VIP Products over a poop-themed, chewy dog toy, in Jack Daniel’s Properties, Inc. v. VIP...more
The US Supreme Court has ruled that the First Amendment doesn’t protect a chew toy for dogs designed to look like a bottle of Jack Daniel’s whiskey (shown above)....more
On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words...more
On June 8, 2023, the U.S. Supreme Court decided Jack Daniel’s v. VIP Products, a case “about dog toys and whiskey”—items that, as Justice Elena Kagan wrote for the Court, “seldom appear[] in the same sentence.” Whiskey-maker...more
On June 8, 2023, the Supreme Court issued a highly anticipated decision in Jack Daniel's Properties, Inc. v. VIP Products LLC, No. 22-148 (U.S.). The decision left intact existing legal protections for the use of trademarks...more
I. Introduction - The test for trademark and service mark infringement first set forth in Rogers v. Grimaldi, has played an increasingly significant role in challenges to the titles and contents of creative works since...more
Supreme Court Rules in Favor of Jack Daniel’s Over ‘Spoofed’ Bad Spaniels Dog Toy - The Second Circuit’s 1989 Rogers test sets an elevated standard for proving trademark infringement, for the purpose of protecting First...more
Trademark owners may howl at the artistic and humorous use of their marks by someone else, but that use might be protected as fair use. Trademark owners’ ears perked up at an appeals court holding last year that parody is a...more
Can an alleged trademark infringer avoid the likelihood-of-confusion test by claiming its use is an “expressive work”? In Jack Daniel’s Properties, Inc. v. VIP Products LLC, 599 U.S. __ (2023), the Supreme Court recently...more
On June 8, 2023, the U.S. Supreme Court issued its decision in Jack Daniel’s Properties, Inc. v. VIP Products, LLC and provided some clarity as to the applicability of the “Rogers test,” a doctrine that grapples with the...more
On June 8, 2023, the Supreme Court of the United States issued its decision in Jack Daniel’s Properties, Inc. v. VIP Products, LLC, a trademark case concerning the First Amendment parody defense. In a unanimous opinion...more
In 1989, the Second Circuit Court of Appeals, in what has become known as the Rogers Test, held that a suit for trademark infringement based on the use of an accused mark in an expressive work (and/or a use in its title)...more
On June 8, 2023, the U.S. Supreme Court delivered its opinion in a highly anticipated case involving VIP Products LLC’s (“VIP”) dog toy parody of Jack Daniel’s famous whiskey bottle. VIP manufactures chewable dog toys...more