IP Watchdog
JANUARY 22, 2023
Supreme Court granted a petition for writ of certiorari filed by famed whiskey brand owner Jack Daniel’s Properties. Several amici also pushed back on the Ninth Circuit’s ruling that VIP Products’ use of Jack Daniel’s marks was noncommercial. Last November, the U.S. The petition filed by Jack Daniel’s appealed the U.S.
Kluwer Copyright Blog
MARCH 1, 2023
In the United States, the doctrine of fair use has been held to permit parody in uses ranging from rap music to children’s books. These fair use rights, the courts have said, have their roots in the U.S. Jack Daniels asserts that the Bad Spaniels toy infringes on its trademark and dilutes its brand.
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Intellectual Property Law Blog
JUNE 16, 2023
7 Brand Tennessee Sour Mash Whiskey” into “The Old No. The District Court rejected VIP’s contentions and enjoined VIP from manufacturing and selling its Bad Spaniels dog toy holding that when “another’s trademark is used for source identification,” the Rogers test does not apply and the test is whether the use is likely to cause confusion.
IP and Legal Filings
JUNE 12, 2023
In relation to ‘Parodies’, since it is derived from the original work of another writer or artist, it is difficult to draw a line between creative criticism and imitation. Since copying was for the purpose of criticism, it amounted to fair dealing and did not constitute infringement of the copyright.
IP and Legal Filings
NOVEMBER 11, 2022
Once a work is created, in most cases, the creator will automatically enjoy copyright protection in all 164 member countries of the Berne Convention for the Protection of Literary and Artistic Works including all European Union countries and China. The Copyright Law contains a list of twelve acts which constitute fair use.
Technology & Marketing Law Blog
JUNE 21, 2023
VIP Products LLC, a dispute involving a “Bad Spaniels” dog toy parody of Jack Daniel’s brand of whisky. My post summarizes the Court’s ruling and discusses its implications for brand owners, companies that sell parody products, and anyone interested in trademark law. Redbubble, Inc. ,
IP and Legal Filings
SEPTEMBER 30, 2022
Artists are using virtual reality and augmented reality to create previously unimagined artworks. These artists’ works are undeniably unique and would be entitled to appropriate IP protection. The Metaverse comprises various technologies, each with its own IPR implications.
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