Jack Daniel’s SCOTUS Hearing Leaves Counsel Swaying

Jack Daniel’s may prove victorious at the Supreme Court in their trademark infringement suit against VIP Products Inc., however some sources caution that free speech concerns could make the fate swing either way. The High Court heard oral arguments in the case on Wednesday, March 22.

Finnegan partner Mark Sommers told Managing Intellectual Property that “The tenor of the questions and exchanges between the bench suggests that the court is looking for a way to manage the issue without causing a huge institutional change when it comes to protected free speech or likelihood of confusion.”

He points out that the justices put forth a lot of hypotheticals in which they were wrestling with the implications of the Rogers test in various scenarios.

“My hunch is that they will look to find some sort of clarity within the existing framework,” he says.

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