Parody & Trademark Law

Parody and trademark law; US Supreme court recently agreed to decide on the above dispute. According Jack Daniel’s, the plastic toys are tarnishing its brand and their iconic bottle; violating its federal trademark rights based on the followings;

The owner of the toy maker, VIP Products says that they are humorous parodies and entitled to First Amendment protection¹. The 9th U.S. Circuit Court of Appeals at San Francisco said that “dog toymaker VIP Products was entitled to First Amendment protection because the dog toy was an expressive work”. The parody and trademark law case is Jack Daniel’s Properties Inc. v. VIP Products.

Jack Daniel’s is asking the Supreme Court to decide two issues:

1. Whether humorous use of the trademark on a commercial product entitles VIP Products to heightened First Amendment protection on an infringement claim; and
2. Whether humorous use of the trademark is a non-commercial use that cannot be subject to a dilution-by-tarnishment claim.

The case will likely be argued in February or March 2023.

Based on this case, what about the Chinese tradition of paper offerings to ancestors? Items such as Burberry bedsheet, Hermes handbags, Macbook pro, Ferrari sports cars, you name it. What is your take on this case?

Share with us your thought here or check availability of your trademark here.

¹ In the United States, parody is protected by the First Amendment as a form of expression.

Article Source: Scotusblog

Image Source and ©: online. Lymesol does not own the copyright of the image.

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