JOURNAL ARTICLE

Trademark Protection Versus Parodic Use in Commerce: A Comparative Analysis of the US Approach Post Jack Daniel's Properties v. VIP Products and the German Likelihood of Confusion Analysis.

  • Published In: GRUR International: Journal of European & International IP Law, 2024, v. 73, n. 3. P. 198 1 of 3

  • Database: Legal Source 2 of 3

  • Authored By: Chiampi Ohly, Diana D 3 of 3

Abstract

The article focuses on the US Supreme Court's June 2023 decision in Jack Daniel's Properties v. VIP Products, which addresses the tension between trademark protection and the right to parody under the First Amendment. The case centers on VIP Products' dog toy "Bad Spaniels," which parodies the trade dress of Jack Daniel's Tennessee whiskey, raising questions about consumer confusion and brand reputation. It highlights the legal distinction between trademark infringement, which prevents consumer confusion, and dilution by tarnishment, which protects a mark's reputation. The article also compares US trademark law principles with German case law on freedom of speech and artistic expression, particularly regarding commercial parodic uses of famous marks, referencing a related German case known as the "Leaping Poodle."

Additional Information

  • Source:GRUR International: Journal of European & International IP Law. 2024/03, Vol. 73, Issue 3, p198
  • Document Type:Article
  • Subject Area:History
  • Publication Date:2024
  • ISSN:26328550
  • DOI:10.1093/grurint/ikad129
  • Accession Number:176449251
  • Copyright Statement:Copyright of GRUR International: Journal of European & International IP Law is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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