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CIPLA discussion of Jack Daniel’s Properties, Inc. v. VIP Products LLC

April 17, 2023
New Haven, Connecticut

The Connecticut Intellectual Property Law Association (CIPLA) is hosting a discussion of Jack Daniel’s Properties, Inc. v. VIP Products LLC, led by Susan Kohlmann, Partner at Jenner & Block on April 17, 2023 at the Elm City Club in New Haven, Connecticut. Cantor Colburn Partner and Life Sciences Practice Group Chair Anne Maxwell is President of CIPLA and partner David Bomzer is Secretary. 

Jack Daniel’s Properties, Inc. was argued on March 22, 2023, in which the Supreme Court of the United States will for the first time directly address how the Lanham Act should be applied to expressive works.  VIP Products has argued that its dog toy parodying the Jack Daniels iconic bottle design was an expressive work protected by the First Amendment under the seminal case of Rogers v. Grimaldi. Jack Daniels has advocated for a sweeping rule that overturns Rogers v. Grimaldi and its progeny, arguing instead that all expressive works be stripped of any heightened protection under the First Amendment and be subject to a traditional trademark infringement analysis. Jenner & Block filed an amicus brief in the case on behalf of the Motion Picture Association providing the unique perspective of content creators who regularly rely upon Rogers and its progeny to create works depicting the real world and advocating that the First Amendment should afford adequate breathing room for artistic expression. The presentation will discuss the case history, the briefing, oral argument, and the possible implications for the future of Rogers v. Grimaldi.