Professor Farley Quoted in Law360 Article on Jack Daniel's Latest Dog Toy Win
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Professor Christine Farley was quoted in Takeaways From Jack Daniel's Latest Dog Toy Win. The article discusses the district court's decision on remand from the Supreme Court’s Jack Daniel’s v. VIP Prods. case—the trademark case about a parody dog toy. The decision is interesting because the court ultimately found that the parody was not likely to confuse consumers and so not a trademark infringement, but that it was nevertheless actionable as it would likely tarnish Jack Daniel’s reputation by making a poop joke. This should raise a First Amendment challenge because a parody is protected speech, and the court found it was not misleading. But the court held that the parodist waived this defense. This case has been litigated for 11 years with 2 9th Circuit opinions and a SCOTUS opinion. Over a poop joke!