Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

Technology & Marketing Law Blog

JUNE 21, 2023

Many trademark attorneys and professors hoped the Supreme Court would provide more guidance on how to resolve conflicts between trademark and free speech rights in Jack Daniel’s Properties, Inc. VIP Products LLC, a dispute involving a “Bad Spaniels” dog toy parody of Jack Daniel’s brand of whisky. Redbubble, Inc. ,

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

43(B)log

OCTOBER 4, 2021

My former student Grace McLaughlin has written an excellent note about the fact that these putative trademarks don’t serve human trademark functions—it’s very hard to remember them or distinguish one random string from another random string in terms of knowing what you’ve seen before—and has proposed some possible responses from the PTO.

IP 94

IP Trademark Advertising Advertising 94