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On Demand

Jack Daniel's Properties Inc. v. VIP Products LLC


Bundle:
2023 Supreme Court IP Review
Categories:
Intellectual Property
Speakers:
Shari Diamond |  Christine Farley |  Joseph Nabor |  Joshua R. Rich
Duration:
59 Minutes
Format:
Audio and Video
Original Program Date:
Sep 29, 2023
Product Type:
On Demand - Also available: On Demand  5
License:
Access for 365 day(s) after purchase.



Description

Holding: When a defendant in a trademark suit uses the mark as a designation of source for its own goods or services — i.e., as a trademark — the threshold Rogers test for trademark infringement claims challenging so-called expressive works, see Rogers v. Grimaldi, does not apply, and the Lanham Act’s exclusion from liability for “[a]ny noncommerical use of a mark” does not shield parody, criticism, or commentary from a claim of trademark dilution. (9-0, in an opinion by Justice Kagan on June 8, 2023. Justice Sotomayor filed a concurring opinion, in which Justice Alito joined. Justice Gorsuch filed a concurring opinion, in which Justices Thomas and Barrett joined).

Speaker

Shari Diamond's Profile

Shari Diamond Related Seminars and Products

Professor

Northwestern University Pritzker School of Law


Shari Seidman Diamond, JD, PhD, is the Howard J. Trienens Professor of Law and Professor of Psychology at Northwestern University and a research professor at the American Bar Foundation.  An attorney and social psychologist, she has authored 150 articles in behavioral science journals and legal publications; has taught at the University of Chicago, Harvard, and the U. of Illinois at Chicago; served as editor of the Law & Society Review; and was president of the American Psychology-Law Society. She has lectured widely to scholarly and judicial audiences, and has testified in American and Canadian courts on surveys and juries. Her publications have been cited by federal and state courts, including the U.S. Supreme Court. Professor Diamond received the 2010 Harry Kalven, Jr. Award from the Law and Society Association for Contributions to Research in Law and Society, and the 1991 American Psychological Association Award for Distinguished Contributions to Research in Public Policy.  As a member of the ABA’s American Jury Project, she helped draft the Principles for Juries and Jury Trials adopted in 2005, and she currently serves as an advisor to the ABA Commission on the Jury. She was elected in 2012 to the American Academy of Arts and Sciences. 


Christine Farley's Profile

Christine Farley Related Seminars and Products

Professor

American University Washington College of Law


Christine Haight Farley is a Professor of Law at American University Washington College of Law. She 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. She 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. Farley has received the Excellence in Teaching Award and the Edwin A. Mooers Scholarship Award at American. She has been a visiting professor at Boston University, 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. She 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, she 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).


Joseph Nabor's Profile

Joseph Nabor Related Seminars and Products

Fitch, Even, Tabin & Flannery


Joseph T. Nabor is a partner at Fitch Even Tabin & Flannery LLP and has chaired the firm’s Trademark, Brands, and Copyright Practice Group since 1989. During that time, he has prosecuted thousands of domestic and foreign trademark applications, including renewals and affidavits of use.

Joe’s practice comprises primarily trademark work—both prosecution and litigation, domestic as well as international—along with copyright and patent counseling. He has been extensively involved in the conduct of discovery, the negotiation of settlement, an extensive motion practice, as well as obtaining and defending against the issuance of injunctions. Joe has been the lead attorney in hundreds of Oppositions before the Trademark Trial and Appeal Board (TTAB), in addition to directing oppositions and similar proceedings internationally.

All manner of clients, from start-up companies to Fortune 100 leaders in numerous industries, have sought Joe’s counsel for sophisticated brand and portfolio development strategies. These transactions have included securing trademark rights throughout the world. Joe has also been involved in the acquisition of the intellectual property portfolios of many industry leaders. His clients rely on Joe’s practical approach, which starts with listening to the client to understand the desired outcome, then applying his experience and knowledge to best position the matter, while looking beyond just the legal perimeters to strategically reach the targeted goal.

A frequent speaker and author, Joe has been sought after for presentations on U.S. legal issues throughout the World.


Joshua R. Rich's Profile

Joshua R. Rich Related Seminars and Products

Partner and General Counsel

McDonnell Boehnen Hulbert & Berghoff LLP


Joshua R. Rich is an intellectual property trial lawyer and a partner with McDonnell Boehnen Hulbert & Berghoff LLP. He serves as MBHB’s General Counsel and Chair of MBHB’s Trade Secrets Practice Group.

In over 20 years of trying intellectual property cases and counseling clients, Mr. Rich has built broad experience irichn dealing with complex and difficult issues. He has successfully litigated in Federal and state trial and appellate courts throughout the United States, in cases involving patent, trade secret, trademark, copyright, and other commercial issues. He has also represented clients before the United States Patent and Trademark Office in inter partes review, reexamination, and interference proceedings, as well as in arbitrations around the world. But his experience is not limited to adversarial proceedings; Mr. Rich has worked closely with clients to avoid litigation when appropriate.

While Mr. Rich has represented clients primarily in the pharmaceutical, biotechnology, and medical device fields, his experience has also included such other diverse technologies as telecommunications, computer code, and graphical user interfaces. He is accomplished in all facets of trial and appellate litigation, ranging from pretrial seizures and preliminary injunction proceedings to bench and jury trials, appeals, and certiorari petitions. He works closely with clients to find the best solutions to intellectual property disputes.