“Why Jack Daniel’s Can’t Stop #WestElmCaleb and What Now?” Published
Together with my coauthor and former student Kavita Balchand, I recently published a law review article entitled “Why Jack Daniel’s Can’t Stop #WestElmCaleb and What Now?” in the William & Mary Bill of Rights Journal. It is available for download here, and this is the abstract:
The Supreme Court’s recent decision in Jack Daniel’s Properties v. VIP Products was hailed as a victory by trademark owners worried about infringement and dilution. Its holding weakened the potential protection that trademark parodies would receive via the fair use defense. That said, it remains difficult to use trademark law to stop many uses of marks that harm a brand, in an era in which a single nega
Article from Reason.com
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