Jack Daniel’s Properties, Inc. filed its reply brief with the U.S. Supreme Court on Friday, March 10, in a major trademark case set to be argued on March 22. The brief contends that the country’s most popular brands are at risk of losing their brand identity if the Court affirms the U.S. Court of Appeals for the Ninth Circuit’s view that a poop-themed dog toy mimicking Jack Daniel’s Whiskey bottle is an expressive work entitled to First Amendment protection. In November 2022, the Supreme Court granted Jack Daniel’s petition for a writ of certiorari, which seeks to clarify whether the First Amendment protects VIP Products, LLC’s humorous use of Jack Daniel’s trademarks for commercial purposes against claims of infringement and dilution.
Recent Posts
- Independent Inventor Seeks New Trial for LG’s Alleged Violations of Sotera Stipulation
- Realtek Denied Mandamus Relief at CAFC in ITC Battle with AMD
- IPWatchdog LIVE 2023 Recap: Video of Judge Newman’s Powerful Remarks and What Sets the LIVE Meeting Apart
- New USPTO Paneling Guidance for TTAB and PTAB Requires Disclosure of Financial Interests Regardless of Dollar Value
- Implementer Arguments at the USPTO Public Listening Session on Standards Ignore Business Realities