Managing IP Quotes David Donahue on U.S. Supreme Court Parody Petition

Managing IP quoted David Donahue in its article entitled “Trademark parody petition at SCOTUS is ‘no joke’” about the petition for a writ of certiorari filed by Jack Daniel’s Properties, Inc. before the U.S. Supreme Court in VIP Products LLC v. Jack Daniel’s Properties, Inc. The petition seeks to overturn a Ninth Circuit decision applying a heightened trademark infringement standard on the theory that VIP’s “Bad Spaniels Silly Squeaker” dog toy resembling a bottle of Jack Daniel’s Old No. 7 Black Label Tennessee Whiskey, was an “expressive work.” David commented on the danger of the Ninth Circuit’s decision to brand-owners, the risk of forum-shopping caused by the decision, and on the likelihood that the Supreme Court will grant certiorari.