March 21, 2023
Volume XIII, Number 80
Is Trademark Protection Going to the Dogs? Copyright Fair Use
Foley attorneys Jonathan Moskin and Ashley Koley will discuss the long and uncertain line of parody products cases which, when paired with a defense tied to the First Amendment, have the potential to undo almost entirely the rights of brand owners to limit such marketing practices. This timely discussion comes as the U.S. Supreme Court is set to hear oral arguments in VIP Prods, LLC v. Jack Daniel’s Properties, Inc., a case that asks whether VIP’s “Bad Spaniels” dog toy whimsically mimicking the appearance of a Jack Daniel’s whisky bottle is protected expression under the First Amendment.
Jonathan and Ashley will trace key points in the history of the law of fair use from its origins in the Supreme Court a century ago to its present — and somewhat muddled — state, and offer insights into where the Supreme Court might bring some clarity going forward.
This program is sponsored by Thomson Reuters West LegalEdcenter and Celesque AttorneysEdCenter.