The Right of Publicity: A Doctrine Gone Wild?
The recent dispute involving Lindsay Lohan and ETrade provides an opportunity for critically examining the right of publicity. One defense that ETrade could raise would be parody since it is common...
View ArticleOlympic Gymnastics Parody and the 2 Live Crew
Given the fact that the IOC is notoriously litigious, are the WSJ and the Guardian in trouble for their little vignettes? Nah -thanks to the 2 Live Crew. Parody is a defense that falls under the...
View ArticleSecond Circuit rules against Luis Vuitton in trademark parody case
The Second Circuit Court of Appeals affirmed the decision of the Southern District Court of New York in Louis Vuitton Malletier, S.A. v. My Other Bag, Inc., a trademark infringement case in which...
View ArticleBad Spaniels Make Bad Law: Ninth Circuit Says Dog Toy is an Expressive Work...
The U.S. Court of Appeals for the Ninth Circuit held that a squeaking dog toy resembling a bottle of Jack Daniel’s whiskey is an expressive work entitled to First Amendment protection. VIP Prods. LLC...
View ArticleThe Right of Publicity: A Doctrine Gone Wild?
The recent dispute involving Lindsay Lohan and ETrade provides an opportunity for critically examining the right of publicity. One defense that ETrade could raise would be parody since it is common...
View ArticleOlympic Gymnastics Parody and the 2 Live Crew
Given the fact that the IOC is notoriously litigious, are the WSJ and the Guardian in trouble for their little vignettes? Nah -thanks to the 2 Live Crew. Parody is a defense that falls under the...
View ArticleSecond Circuit rules against Luis Vuitton in trademark parody case
The Second Circuit Court of Appeals affirmed the decision of the Southern District Court of New York in Louis Vuitton Malletier, S.A. v. My Other Bag, Inc., a trademark infringement case in which...
View ArticleBad Spaniels Make Bad Law: Ninth Circuit Says Dog Toy is an Expressive Work...
The U.S. Court of Appeals for the Ninth Circuit held that a squeaking dog toy resembling a bottle of Jack Daniel’s whiskey is an expressive work entitled to First Amendment protection. VIP Prods. LLC...
View ArticleJack Daniel’s Will Get Its Shot at SCOTUS Review Against Dog Toy Maker
The U.S. Supreme Court yesterday granted a petition filed in August this year by Jack Daniel’s Properties, Inc. seeking clarification on whether the First Amendment protects VIP Products, LLC, a maker...
View ArticleSCOTUS Skeptical that Bad Spaniels is Parody, But Questions Need to Overturn...
At today’s hearing in Jack Daniel’s v. VIP Products, the U.S. Supreme Court Justices suggested to both sides that there might be an easier way out on the facts of this particular case than either party...
View ArticleA Dog’s Day in Court: Implications of the ‘Bad Spaniels’ Arguments on Parody...
Following the Supreme Court oral arguments in Jack Daniel’s Properties, Inc. v. VIP Products LLC last week, I was reminded of an article I penned years ago for Cardozo Arts & Entertainment Law...
View ArticleJack Daniel’s Gets Last Laugh for Now in SCOTUS’ Ruling in ‘Bad Spaniels’ Case
The U.S. Supreme Court held today in Jack Daniel’s Properties v. VIP Products that the Rogers test, used to "protect First Amendment interests in the trademark context," is not relevant “when an...
View ArticleJack Daniel’s Gets Last Laugh for Now in SCOTUS’ Ruling in ‘Bad Spaniels’ Case
The U.S. Supreme Court held today in Jack Daniel’s Properties v. VIP Products that the Rogers test, used to "protect First Amendment interests in the trademark context," is not relevant “when an...
View ArticleJack Daniel’s Will Get Its Shot at SCOTUS Review Against Dog Toy Maker
The U.S. Supreme Court yesterday granted a petition filed in August this year by Jack Daniel’s Properties, Inc. seeking clarification on whether the First Amendment protects VIP Products, LLC, a maker...
View ArticleSCOTUS Skeptical that Bad Spaniels is Parody, But Questions Need to Overturn...
At today’s hearing in Jack Daniel’s v. VIP Products, the U.S. Supreme Court Justices suggested to both sides that there might be an easier way out on the facts of this particular case than either party...
View ArticleA Dog’s Day in Court: Implications of the ‘Bad Spaniels’ Arguments on Parody...
Following the Supreme Court oral arguments in Jack Daniel’s Properties, Inc. v. VIP Products LLC last week, I was reminded of an article I penned years ago for Cardozo Arts & Entertainment Law...
View ArticleJack Daniel’s Gets Last Laugh for Now in SCOTUS’ Ruling in ‘Bad Spaniels’ Case
The U.S. Supreme Court held today in Jack Daniel’s Properties v. VIP Products that the Rogers test, used to "protect First Amendment interests in the trademark context," is not relevant “when an...
View ArticleJack Daniel’s v. VIP: A Comparative Analysis of the U.S. and Brazilian...
On June 8, the United States Supreme Court handed down a surprisingly decisive ruling on trademark law and its relationship with First Amendment rights. The Court found that free speech rights did not...
View ArticleThe Right of Publicity: A Doctrine Gone Wild?
The recent dispute involving Lindsay Lohan and ETrade provides an opportunity for critically examining the right of publicity. One defense that ETrade could raise would be parody since it is common...
View ArticleOlympic Gymnastics Parody and the 2 Live Crew
Given the fact that the IOC is notoriously litigious, are the WSJ and the Guardian in trouble for their little vignettes? Nah -thanks to the 2 Live Crew. Parody is a defense that falls under the...
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