IP at the Supreme Court Series: Jack Daniel’s Properties, Inc. v. VIP Products LLC
March 22 | 5:00 - 6:30pm EDT | Hybrid | NT01 | Reception to Follow
Registration Required
Moderated by Professor Christine Farley
American University Washington College of Law regularly invites counsel of record and counsel for selected amici to offer post-argument reflections in intellectual property (and related) cases heard by the Supreme Court. These events are held on the afternoon of oral argument before the Court.
ISSUE
Issues: (1) Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, 15 U.S.C. § 1125(a)(1), or instead receives heightened First Amendment protection from trademark-infringement claims; and (2) whether humorous use of another’s mark as one’s own on a commercial product is “noncommercial” and thus bars as a matter of law a claim of dilution by tarnishment under the Trademark Dilution Revision Act, 15 U.S.C. § 1125(c)(3)(C).
PANELISTS
Bennett Evan Cooper
Dickinson Wright PLLC
Counsel For Respondent
Prof. Rebeccah Tushnet
Harvard Law School
Amicus Brief for Law Professors in Support of Respondent
Paul Levy
Public Citizen
Amicus brief for Dan McCall, Sky Shatz, & Don Stewart in support of Respondent
Edward T. Colbert
Hunton Andrews Kurth LLP
Amicus brief for Constellation Brands, Inc. in support of Petitioner
Megan K. Bannigan
Debevoise & Plimpton LLP
Amicus Brief for IP Law Professors in Support of Neither Party
Vijay K. Toke
Rimon P.C.
Amicus brief for INTA in support of neither party
https://www.wcl.american.edu/impact/initiatives-programs/pijip/events/ip-at-the-supreme-court-jack-daniels-properties-inc-v-vip-products-llc/
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