In this episode of the EXCLUSIVE RIGHTS: Intellectual Property podcast, IP Members Daniel Weinger and Karen Won discuss the recent Supreme Court decision in Jack Daniels v. VIP Products addressing whether the “Bad Spaniels” dog chew toy violates the Lanham Act for trademark infringement. In this case, SCOTUS held that the Rogers test for parody does not apply when a trademark is used as a source identifier, which occurred here, and sent the case back down for further proceedings to analyze the “likelihood of confusion” test.
Dan and Karen discuss this outcome and also cover:
- How and when to assess parody
- Surveys in trademark cases in light of the Sotomayor concurrence
- How the decision affects brands going forward