Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
The First Amendment and the Lanham Act At the Supreme Court
In March, the Supreme Court heard a blockbuster trademark case with significant implications for trademark law. After argument, reversal seems likely as questioning from the justices suggests that a long-standing precedent is unlikely to survive unscathed. But the Court also indicated concern over the broader implications of this case in the arts, entertainment, and publishing. Significant uncertainty remains regarding how the justices will resolve these tensions. The Court could avoid deciding the First Amendment issue, keep portions of Rogers, abrogate it entirely, or suggest another path. Throughout argument, the justices signaled multiple different — and sometimes competing — potential tests. Here's what you need to know about Jack Daniel's v. VIP Products.
|The Dispute
At issue is an alleged parody product made by VIP Products called "Bad Spaniels," shown in the image below next to a bottle of Jack Daniel's whiskey.
Although it looks like a bottle of Jack Daniel's, Bad Spaniels is not a bottle of anything. It's a dog toy. The Bad Spaniels "label" contains poop jokes: Jack Daniel's alcohol-by-volume content is replaced by "43% POO BY VOL." and Jack Daniel's "OLD NO. 7" trademark is replaced with "The Old No. 2… on your Tennessee Carpet." The shapes of the two objects are substantially similar, as are the products' names and the design of the twirling white lines called filigree. To Jack Daniel's, this wasn't a joke. So it sued Bad Spaniel's maker — VIP Products — for trademark infringement and trademark dilution under the Lanham Act.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit
Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.