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.” The Justices did not add a non-trademark use of the mark requirement to the text of 15 U.S.C.
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