Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v. VIP Products (Guest Blog Post)
Technology & Marketing Law Blog
JUNE 21, 2023
It is clear after Jack Daniel’s that Rogers ’ threshold test for infringement liability cannot apply to a “‘ quintessential trademark use ’ like confusing appropriation of the names of political parties or brand logos.” In addition, in the Ninth Circuit, the doctrines of nominative fair use (discussed in Toyota v.
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