This webinar, "Rogers Test in Unsettled Paw-sition After SCOTUS’s Latest Trademark Decision" is available in Greenberg Traurig’s Client CLE Library. This free Library provides substantive legal knowledge, as well as CLE credit in several jurisdictions for registered users via on-demand programs. CLE credit is pending accreditation in the following jurisdictions: AZ, CA, CO, FL, GA, IL, NJ, NY, PA, and TX.
If you would like to take advantage of this free resource, please complete the GT Client CLE Library Request Form, and you will be contacted shortly by the Greenberg Traurig CLE Team. If you already have a GT Client CLE Library account you can access this recording by clicking here. Email cle@gtlaw.com if you have any difficulties accessing your account.
On June 8, 2023, the U.S. Supreme Court unleashed its opinion in the Jack Daniel’s Properties, Inc. v. VIP Products LLC dispute. Despite all the anticipation, the Court’s decision left trademark practitioners with no new bone to chew on, as the Court declined to truly sink its teeth into the Rogers test. Instead, the Court held that notwithstanding some expressive content and canine-related creativity embodied within dog toys imitating whiskey bottles, these goods and their packaging had to be sniffed out for trademark infringement and trademark dilution by the district court using traditional likelihood-of-confusion and likelihood-of-dilution factors. Although the Court left a full resolution of the Rogers test for another day, it may have left some kibble for lower courts in the meantime.