March 23, 2023
CNN
Attorneys for popular whiskey distiller, Jack Daniel’s argued to the Supreme Court that a dog toy company infringed their trademark by trying to sell a “Bad Spaniels Silly Squeaker” toy that parodied its bottle.
Finnegan partner Mark Sommers told CNN that the case, “deals with a very common thing of pitting somebody who has trademark rights … against another who is saying, ‘I’m entitled to (use those marks) under the First Amendment because it is parody. And I need to take enough of the mark in order to make it funny. People have to get the joke.”
When speaking on the case’s importance, he said that the justices’ decision in the matter has the potential to be a landmark ruling if they “help define that line that exists between the First Amendment right of expression – be that parody, be that art, whatever you want to express – versus the important trademark issues that are here where brand owners who have invested a tremendous amount of goodwill don’t want their trademarks used in a manner which could result in potential confusion among the consuming public.”
Commentary
World IP Day: EPO Reveals 33% Jump in Cleantech Inventions Over Five Years
April 26, 2024
Award/Ranking
Finnegan Named Firm of the Year at the 2024 Managing Intellectual Property Americas Awards
April 26, 2024
Award/Ranking
Finnegan Shortlisted for the 2024 Asian Legal Business Japan Law Awards
April 26, 2024
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.