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24 March 2023TrademarksMuireann Bolger

SCOTUS picks at bones of Jack Daniel’s dog toy dispute

Justices concerned that trademark claims potentially impair free expression | Marked reluctance to discard Rogers test | VIP Products and free speech advocates favour Rogers over likelihood-of-confusion analysis.

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13 March 2023   Jack Daniel’s accuses a court of eviscerating the core protections of trademark law | Ruling could have “staggering implications for consumers and mark owners” | Jack Daniel’s accused of muzzling free speech by opponent.
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21 February 2023   US’ highest court set to hear arguments in a key dispute concerning the interplay between freedom of expression and trademark law | Bad Spaniels parody borrowed “only enough to make the joke work” claims writ | Harvard University Law | Potomac Law.