One-year Hangover: Counsel Still Scratching Heads in JD Aftermath

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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