June 6, 2024
Managing Intellectual Property
There has been an increased focus on whether parties are using marks as source identifiers following the U.S. Supreme Court's ruling in Jack Daniel's v VIP Products. In an interview with Managing Intellectual Property, Finnegan partner Mark Sommers highlighted the risks potential defendants face if they seek a license from brand owners. "If a third party approaches a trademark owner for a license and the trademark owner says no, it would be a fool's errand to use that particular [brand] because you basically conceded that you perceive there's a problem," he said.
He added that people could approach brand owners if they have a good idea for licensing, but they should be prepared to not go forward with the idea if the proposal is rejected.
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