Artistic Work, Fair Use, Registering Trademarks and Social Media

Search:

DAY

WEEK

MONTH

YEAR

Select your country:
Sign up | Log in

Artistic Work

Fair Use

Registering Trademarks

Social Media

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.

Trademark

Trademark Blogging Trademark Law Fair Use

USC IP year in review, TM/ROP

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 Trademark Advertising Advertising

Intellectual Property Pulse

Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v. VIP Products (Guest Blog Post)

USC IP year in review, TM/ROP

Stay Connected