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Trademark Law

All articles tagged with #trademark law

legal2 years ago•4 min saved

Supreme Court Battle Erupts Over 'Trump Too Small' T-Shirt Slogan

The U.S. Supreme Court is set to hear arguments in a case involving the intersection of trademark law and free speech rights. The case revolves around a trademark application for the phrase "Trump Too Small," which mocks former President Donald Trump. The U.S. Patent and Trademark Office denied the application, citing a 1946 federal law that bars trademarks featuring a person's name without consent. However, a lower court reversed the decision, citing First Amendment free speech protections. The Supreme Court will now determine whether criticism of public figures outweighs trademark concerns.

via Reuters|

#donald-trump #first-amendment #free-speech

law2 years ago•1 min saved

Supreme Court to Rule on 'Trump Too Small' Trademark Case.

The Supreme Court will decide whether a California lawyer has the right to trademark the phrase "Trump too small" for use on T-shirts and hats. The lawyer argued that the trademark would be used as "political commentary" targeted at the former president by invoking a double entendre from a 2016 Republican debate. The Patent and Trademark Office denied the request, but a federal appeals court said the lawyer had a free speech right to trademark the phrase. The Biden administration urged the Supreme Court to reject the trademark request, arguing that the lawyer did not have the right to "assert property rights in another person's name."

via Los Angeles Times|

#donald-trump #free-speech #law

business2 years ago•2 min saved

Supreme Court weighs in on Jack Daniel's dog toy trademark dispute.

The Supreme Court heard arguments on Wednesday in a case involving Jack Daniel's and the makers of a dog toy that mimics the whiskey's signature bottle. The question for the court is whether the toy's maker infringed on Jack Daniel's trademarks. The justices were largely on their best behavior, not picking up on the toy's poop humor and puns. At the heart of the case is the Lanham Act, the country's major trademark law. Jack Daniel's says the dog toy misleads customers and profits "from Jack Daniel's hard-earned goodwill" and associates its "whiskey with excrement."

via The Associated Press|

#business #dog-toy #jack-daniels

business2 years ago•2 min saved

Supreme Court to Decide on Jack Daniel's Trademark Battle Over Dog Toy

The Supreme Court is hearing arguments on whether dog toys made by VIP Products, including the "Bad Spaniels" toy shaped like a whiskey bottle, violate trademark law. VIP argues that the toys are obvious parodies and should be protected as free speech under the First Amendment. Jack Daniel's claims that the toys violate trademark law and could confuse customers. The 9th U.S. Circuit Court of Appeals ruled in favor of VIP Products, prompting Jack Daniel's to seek further review from the Supreme Court. Various companies and the Biden administration have filed briefs backing Jack Daniel's, while free speech advocates support VIP.

via NBC News|

#business #free-speech #jack-daniels

law2 years ago•5 min saved

Supreme Court to Decide on Jack Daniel's Trademark Dispute with Dog Toy Company.

Jack Daniel's is arguing in front of the Supreme Court that dog toy company VIP Products violated federal trademark law by creating a parody of the distiller's bottle to sell a "Bad Spaniels Silly Squeaker" toy with poop-themed jokes. VIP Products argues that the toy is protected by the First Amendment as a humorous product and that consumers can easily distinguish between the two products. The case could have implications for trademark protections and the use of registered marks in parody or expressive works. The Supreme Court is also expected to rule on a high-profile intellectual property law case involving copyright infringement later this term.

via CNN|

#first-amendment #jack-daniels #law

business2 years ago•4 min saved

Supreme Court to Decide on Jack Daniel's Dog Toy Trademark Dispute

The Supreme Court will hear arguments in a case between Jack Daniels and a dog toy company that sells a toy that parodies its iconic whiskey bottle. Jack Daniels claims that VIP Products' dog toy damages the Jack Daniels brand and confuses its customer base, violating trademark law. The hearing comes after the U.S. Court of Appeals for the 9th Circuit landed on the side of the toymaker in 2020. The decision will carry larger implications on protecting brand identity from parody.

via UPI News|

#brand-identity #business #jack-daniels