(Podcast) The Briefing: Bad Spirits – How a Dog Toy Changed TV Title Clearance
The Briefing: Bad Spirits – How a Dog Toy Changed TV Title Clearance
The IP of Everything Podcast - Episode 22 - The IP of Dog Toys
The Briefing: Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision
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 - 2nd Circuit to Determine if Rogers Test Fits Shoe Trade Dress Dispute Between MISCHF and Vans
The Briefing by the IP Law Blog: 2nd Circuit to Determine if Rogers Test Fits Shoe Trade Dress Dispute Between MISCHF and Vans
Podcast: The Briefing by the IP Law Blog - Heirs of Evel Knievel Clearly Do Not Have a Friend in Disney
The Briefing by the IP Law Blog: Heirs of Evel Knievel Clearly Do Not Have a Friend in Disney
Clearing titles for creative projects has become more challenging after the Supreme Court’s decision in Jack Daniels v. VIP Products. In this episode of The Briefing, Scott Hervey and Tara Sattler explore the evolution of the...more
The U.S. Court of Appeals for the Second Circuit recently heard oral argument in an appeal from a jury verdict that found in favor of Plaintiffs Hermès International and Hermès of Paris, Inc. ("Hermès") against Mason...more
Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Third...more
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
We previously discussed the United States Supreme Court’s June 2023 Jack Daniel’s Properties, Inc. v. VIP Products, LLC decision, which altered the way the “Rogers test,” a doctrine designed to protect First Amendment...more
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
As Scott Hervey previously wrote on the IP Law Blog, the holding in the Supreme Court case Jack Daniels Properties v. VIP Products limits the applicability of the Rogers test. Scott and Jamie Lincenberg talk about this case...more
The holding in the Supreme Court case, Jack Daniels Properties v VIP Products, the case of the infringing Bad Spaniels dog toy, limits the applicability of the Rogers test. A recent case in the Ninth Circuit, Punchbowl Inc v....more
The US Court of Appeals for the Second Circuit upheld a temporary restraining order and preliminary injunction enjoining use of a trademark and trade dress associated with an iconic sneaker design over a First Amendment...more
In its first opportunity to apply the Supreme Court’s recent decision in Jack Daniel’s Properties v. VIP Products LLC, which held that the First Amendment did not protect infringing works that “use [the complainant’s] mark [...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
On June 8, 2023, the U.S. Supreme Court issued its decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC, holding that parody trademarks do not receive special First Amendment protection when they function as...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
On June 8, 2023, the U.S. Supreme Court clarified two intellectual property issues in deciding Jack Daniel's Properties, Inc. v. VIP Products LLC: 1. When an alleged infringer uses a trademark as a designation of source...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
For the full background, see our prior article, Can The Parody Defense Protect Against Trademark Infringement When The Use Is Commercial In Nature? ...more
To read the headlines of many media and legal news articles reporting on the Supreme Court’s recent decision in VIP Products, LLC v. Jack Daniel’s Properties, Inc., you’d think that the Court held that the dog chew-toy called...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
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
Not even the First Amendment could rescue VIP and its Bad Spaniels dog toy, as the US Supreme Court recently held that the Rogers threshold test for “expressive works” does not apply in trademark cases involving commercial,...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