U.S. Supreme Court,
Intellectual Property
Jun. 26, 2023
Supreme Court's Jack Daniel's decision strengthens and expands trademark rights
The Supreme Court discarded the Roger's test as an affirmative defense to claims of trademark infringement and dilution, holding that there is no such parodic exemption if the mark is used as a source identifier.
Dariush Adli
President
ADLI Law Group
444 S Flower St
Los Angeles , CA 90071
Email: adli@adlilaw.com
Univ of Michigan Law Sch; Ann Arbor MI
In a second decision in as many months, the U.S. Supreme Court has limited and narrowed a significant exception to enforcement of an intellectual property right, resulting in the expansion and bolstering of such rights. The Jack Daniel’s Properties, Inc. v. VIP Products LLC (Jack Daniel’s) decision, which concerned a trademark dispute, comes on the heel of the high Court’s decision last month in $95
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