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Articles by Victoria Doyle
Content-Based but Viewpoint-Neutral: Federal Trademark Law “Names Clause” Withstands Constitutional Challenge | JD Supra
There has long been a tension between the Free Speech Clause of the First Amendment of the U.S. Constitution and federal trademark law. In two relatively recent Supreme Court trademark cases, the First Amendment won, enabling federal registration of previously unregistrable trademarks,[1] but in the court's decisions on June 13, in a case involving an insult of former President Trump, the trademark law won. At issue in Vidal v.
Not Funny! Unanimous SCOTUS in Jack Daniel’s v. VIP Holds That Parody Does Not Implicate First Amendment Concerns, But Only Implicates Likelihood of Confusion | Akerman LLP - Marks, Works & Secrets - JDSupra
On June 8, 2023, the Supreme Court unanimously decided the trademark parody case captioned Jack Daniel’s Properties, Inc. v. VIP Products LLC in favor of Jack Daniel’s, and against the dog toy manufacturer and serial parodist VIP Products. 599 U. S. ____ (2023) (hereinafter “Slip Op.”). The Court made plain that using a senior user’s trademark as a trademark in a parody does not implicate First Amendment concerns.
Not Funny! Unanimous SCOTUS in Jack Daniel’s v. VIP Holds That Parody Does Not Implicate First Amendment Concerns, But Only Implicates Likelihood of Confusion
On June 8, 2023, the Supreme Court unanimously decided the trademark parody case captioned Jack Daniel’s Properties, Inc. v. VIP Products LLC in favor of Jack Daniel’s, and against the dog toy manufacturer and serial parodist VIP Products. 599 U. S. ____ (2023) (hereinafter “Slip Op.”). The Court made plain that using a senior user’s trademark as a trademark in a parody does not implicate First Amendment concerns.
Not Funny! Unanimous SCOTUS in Jack Daniel’s v. VIP Holds That Parody Does Not Implicate First Amendment Concerns, But Only Implicates Likelihood of Confusion
On June 8, 2023, the Supreme Court unanimously decided the trademark parody case captioned Jack Daniel’s Properties, Inc. v. VIP Products LLC in favor of Jack Daniel’s, and against the dog toy manufacturer and serial parodist VIP Products. 599 U. S. ____ (2023) (hereinafter “Slip Op.”). The Court made plain that using a senior user’s trademark as a trademark in a parody does not implicate First Amendment concerns.
Does Transformative Matter? No, At Least Where Use Is Commercial | JD Supra
Art. Money. Copyright. Fair use. Andy Warhol. And Prince, the Purple One. (Or in this case, Orange.) These were the hot topics in the recently decided Supreme Court case of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith et al., 598 U.S. ____ (2023) (Citations are to the Slip Opinion (“Slip Op.”)). Money and copyright won by a 7-2 majority. Warhol and his Foundation’s claim of fair use lost. Prince was unaffected, may he rest in purple peace.
Does Transformative Matter? No, At Least Where Use Is Commercial
Art. Money. Copyright. Fair use. Andy Warhol. And Prince, the Purple One. (Or in this case, Orange.) These were the hot topics in the recently decided Supreme Court case of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith et al., 598 U.S. ____ (2023) (Citations are to the Slip Opinion (“Slip Op.”)). Money and copyright won by a 7-2 majority. Warhol and his Foundation’s claim of fair use lost. Prince was unaffected, may he rest in purple peace.
Does Transformative Matter? No, At Least Where Use Is Commercial
Art. Money. Copyright. Fair use. Andy Warhol. And Prince, the Purple One. (Or in this case, Orange.) These were the hot topics in the recently decided Supreme Court case of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith et al., 598 U.S. ____ (2023) (Citations are to the Slip Opinion (“Slip Op.”)). Money and copyright won by a 7-2 majority. Warhol and his Foundation’s claim of fair use lost. Prince was unaffected, may he rest in purple peace.
Does Transformative Matter? No, At Least Where Use Is Commercial
Art. Money. Copyright. Fair use. Andy Warhol. And Prince, the Purple One. (Or in this case, Orange.) These were the hot topics in the recently decided Supreme Court case of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith et al., 598 U.S. ____ (2023) (Citations are to the Slip Opinion (“Slip Op.”)). Money and copyright won by a 7-2 majority. Warhol and his Foundation’s claim of fair use lost. Prince was unaffected, may he rest in purple peace.
Does Anyone Here Have A Sense Of Humor, Redux: Jack Daniel’s v. VIP Oral Argument | JD Supra
On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. v. VIP Products LLC. As we previously blogged, the issues presented in the care are: 1. Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark infringement claims. 2.
Does Anyone Here Have A Sense Of Humor, Redux: Jack Daniel’s v. VIP Oral Argument
On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. v. VIP Products LLC. As we previously blogged, the issues presented in the care are: 1. Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark infringement claims. 2.
Does Anyone Here Have A Sense Of Humor, Redux: Jack Daniel’s v. VIP Oral Argument
On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. v. VIP Products LLC. As we previously blogged, the issues presented in the care are: 1. Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark infringement claims. 2.
Strategies for Cultivating Protectable Rights in, and Registering, Generic.com Marks After United States Patent and Trademark Office v. Booking.Com B.V. | Kilpatrick Townsend & Stockton LLP - JDSupra
On June 30, 2020, the U.S. Supreme Court affirmed the potential registrability in the U.S. Patent and Trademark Office (“PTO”) of a claimed trademark or service mark consisting of a generic word and a generic top-level domain such as .com (a “generic.com,” in the Court’s terminology).1 In doing so, the Court rejected the bright-line legal rule applied by some circuits that generic.coms are necessarily generic and therefore ineligible for federal trademark registration despite factual...
Most people will receive a stimulus payment from the federal government designed to help people during the COVID-19 pandemic. Will this paym…
Most people will receive a stimulus payment from the federal government designed to help people during the COVID-19 pandemic. Will this payment change eligibility for Extra Help with prescription drugs or the Medicare Savings Program? The short answer is NO. The federal government program called Extra Help (through Social Security) will not count the payment as income. Washington state will not consider the funds as income for purposes of Medicaid eligibility including all Medicare Savings Programs.
Victoria Doyle Creates Touching Image in Remembrance of a Child She Miscarried : People.com
Photographer Creates Touching Image in Remembrance of a Child She Miscarried Now a mother to three thriving children, U.K.-based photographer Victoria Doyle wanted to somehow commemorate the babies she lost over the years due to miscarriage.She selected a photo of her kids – Darcy, 8, Jenson, 5, and Blake, 2 – and added a silhouette to represent the child she never got to have in honor of Baby Loss Awareness Week."In April 2006 I first experienced the pain of miscarriage," Doyle, 36, shared...
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