21
March 2023
Past Event
Jack Daniel鈥檚 v. VIP Products Argument Preview: The Supreme Court Takes On Humorous Uses of Trademarks

Event will air on this page.

 

Inquiries: [email protected]

Jack Daniel鈥檚 v. VIP Products Argument Preview: The Supreme Court Takes On Humorous Uses of Trademarks

Past Event
Online Only
March 21, 2023
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Caption
(Pexels)
21
March 2023
Past Event

Event will air on this page.

 

Inquiries: [email protected]

Speakers:
Megan K. Bannigan
Megan K. Bannigan

Partner, Debevoise & Plimpton

Ben Sheffner
Ben Sheffner

Senior Vice President & Associate General Counsel, Law & Policy, Motion Picture Association

Vijay Toke
Vijay Toke

Partner, Rimon Law

Moderator:
hartline
Devlin Hartline

Senior Fellow

On March 22, the Supreme Court will hear oral arguments in Jack Daniel鈥檚 v. VIP Products, an important dispute at the intersection of the First Amendment and trademark law. The case concerns VIP鈥檚 dog toy that copies Jack Daniel鈥檚 iconic Tennessee whiskey bottle, but with the name changed to 鈥淏ad Spaniels鈥� and other humorous elements added. Jack Daniel鈥檚 claims that the toy infringes its trademarks and trade dress, while VIP maintains that its parodic use is protected expression. The Supreme Court will decide whether the Ninth Circuit erred in applying a First Amendment test that gives broad protection to humorous products that allegedly infringe. It will also address whether VIP鈥檚 use is noncommercial and thus immune from liability for tarnishing Jack Daniel鈥檚 reputation.

Please join Hudson Legal Fellow Devlin Hartline and expert panelists Megan K. Bannigan, Ben Sheffner, and Vijay Toke for a discussion on the importance of striking the right balance between free speech and trademark protection.

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