ABSTRACT
Brands, and the trademarks that define them, now indicate much more than simply the source of a good. They represent a line of communication between producer and consumer, allowing the consumer to notify the producer of what they value, support, and desire. To do so successfully, however, trademarks require some level of protection. Setting this level is tricky due to the countervailing concern of quelling the public’s freedom of expression. This Note examines the level of protection set by the Ninth Circuit in VIP Products v Jack Daniel’s and concludes that it was incorrectly set. It goes on to discuss the underlying policy goals that are involved when drawing this line and proposes a framework that appropriately balances the protection of both the trademark holder and the public.
Olivia Wogon, Trademark Infringement After VIP Products v Jack Daniel’s: Is Imitation Really the Sincerest Form of Flattery? 60 Houston Law Review 989 (2023).
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