Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
The Ninth Circuit held in VIP Prods. LLC v. Jack Daniel’s Properties, Inc., 953 F.3d 1170 (9th Cir. 2020), that VIP’s “Bad Spaniels” dog toy mimicking the appearance of a Jack Daniels whisky bottle was protected expression under the First Amendment, such that Jack Daniels’ infringement claim had to be assessed under the rigorous standard set forth in Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989). Under Rogers, Jack Daniels’ infringement claim could proceed only if the distiller showed that VIP’s use of the Jack Daniels’ trademarks and trade dress either: 1) is not artistically relevant to the toy; or 2) explicitly misleads consumers as to the source or content of the toy. Following a remand and then summary affirmance by the Ninth Circuit, No. 21-16969, 2022 WL 1654040 (9th Cir March 18, 2022), the Supreme Court granted certiorari on November 21, 2022 to consider the principal question whether humorous use of another’s mark on a commercial product should be assessed under Rogers or the traditional multipart test of likelihood of confusion. (The case also raises issues of trademark dilution not directly addressed here.)
*May exclude premium content
Impersonation on Social Media: The Increasing Challenges of Verification
By Christine Au-Yeung and Chidera Dawodu
The recent flurry of online impersonators, ranging from accounts posing as President Joe Biden to the pharmaceutical company Eli Lilly, exposes the challenges of social media platforms’ verification and authentication processes.
The Difference Between ‘Covenant’ and ‘Condition Precedent’ In Song Licensing Agreements
By Stan Soocher
A question of law arose for a District Judge when a songwriter sued YouTube, claiming she never approved licensing her works to YouTube — whether the administration agreement’s notice-and-consent clause was a condition precedent to the administrator’s ability to license the songwriter's songs.
Fair Use of Embedded Content on Social Media
By Stephen M. Kramarsky and John Millson
The change in character of social media, from purely social communication to a mixture of the social and commercial, has had knock-on effects for courts applying traditional legal principles, notably, the application of copyright law.
How the Changing Concept of ‘Work’ May Jeopardize Employers’ IP Ownership
By Sarah Schaedler and Jennifer T. Criss
A key step to ensure that employers own their intellectual property is having employees sign agreements which assign to the employer all intellectual property created in the course of employment.