Trademarks, Parody, and the First Amendment: Guidance From the Supreme Court's Jack Daniel's Decision
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE webinar will guide IP counsel on trademark infringement in the context of parodies. The panel will discuss the Supreme Court's recent decision and the guidance it provides as to assertion of First Amendment rights and the tests that will be used to determine infringement. The panel will discuss the Rogers test and source-identifying uses and will offer best practices for enforcing trademarks or avoiding infringement.
Outline
- Background: balancing trademarks, parody, and the First Amendment
- Jack Daniel's Properties Inc. v. VIP Products L.L.C. (U.S. June 8, 2023)
- The Rogers test and implications of the Jack Daniel’s decision
- Best practices concerning issues of trademark use and registration
- From the plaintiff's and defendant's perspective
- Possible implications before the TTAB concerning the right to register
Benefits
The panel will review these and other critical issues:
- What lessons can IP counsel draw from the Supreme Court's decision as to the application of the Rogers test?
- When will a challenged use constitute a trademark use?
- What does the decision mean for the First Amendment exception where parody or other expressive use is used as a trademark?
Faculty
Stephen R. Baird
Shareholder
Greenberg Traurig
Mr. Baird works with clients to address their most difficult trademark problems. He provides strategic guidance on... | Read More
Mr. Baird works with clients to address their most difficult trademark problems. He provides strategic guidance on trademark usage and clearance, branding strategies, domestic and worldwide portfolio management, litigation and enforcement, internet domain name and trademark disputes, licensing, and prosecution. His trademark and brand protection work has gained notoriety for the protection and registration of nontraditional trademarks, product configuration trademarks, and trade dress and product packaging trademarks.
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Professor Christine Haight Farley
Professor of Law
American University Washington College of Law
Professor Farley specializes in information law and teaches courses on contract law, intellectual property, advertising... | Read More
Professor Farley specializes in information law and teaches courses on contract law, intellectual property, advertising law, and art law. Her current research focuses on branding in the age of data-driven advertising and the over protection of design. Professor Farley serves as Co-Faculty Director of the Program on Information Justice and Intellectual Property and previously served as Associate Dean for Faculty and Academic Affairs. She has received the Excellence in Teaching Award and the Edwin A. Mooers Scholarship Award. She has been a visiting professor at the University of Paris West, the University of Puerto Rico, the University of Havana, Monash University, and the National Law University in Lucknow, India, and has given lectures on intellectual property in more than twenty-five countries. Professor Farley serves on the Board of Directors for the Center for Inter-American Legal Education, and has served on the Executive Committees of the Intellectual Property and the Art Law Sections of the American Association of Law Schools and as a member of a presidential task force of the International Trademark Association. She is the recipient of a Fulbright Senior Specialist grant to teach U.S. intellectual property law to foreign law students. Before teaching, Professor Farley was an associate specialized in trademark and copyright litigation with Rabinowitz, Boudin, Standard, Krinsky & Lieberman in New York. She holds a B.A. (Binghamton), J.D. (Buffalo), LL.M. (Columbia), and a J.S.D. (Columbia).
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