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. 1125(c)(3)(A).

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

LexBlog IP

JUNE 16, 2023

.” [1] The Case In the District Court , Ninth Circuit and Oral Argument in the Supreme Court Jack Daniels Properties, Inc. (“Jack Daniels”), which owns registered trademarks for “JACK DANIELS”, “OLD NO. 2 on your Tennessee carpet” tarnishes the Jack Daniels trademark.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

JUNE 16, 2023

.” [1] The Case In the District Court , Ninth Circuit and Oral Argument in the Supreme Court Jack Daniels Properties, Inc. (“Jack Daniels”), which owns registered trademarks for “JACK DANIELS”, “OLD NO. 2 on your Tennessee carpet” tarnishes the Jack Daniels trademark.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

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.” The Court explains that it is not deciding “how far the ‘noncommercial use’ exclusion goes.”

Trademark 101

Trademark Blogging Trademark Law Fair Use 101