This right is protected by the Brazilian legal system and the Industrial Property Law. Both countries have different systems for protecting intangible rights – in particular, the value of freedom of expression. The Brazilian scenario is somewhat different from the United States. The case will now return to the lower courts for further analysis.

Grimaldi 1989), focusing the ruling instead on the facts of the case (i.e., in cases where a trademark is used as a designation of source for own goods”). The Justices did not go so far as to overturn the famous Court of Appeals precedent ( Rogers v. While the case is an important win for companies that want to stop others from mimicking their products, it is important to remember that the decision has a narrow application. According to Kagan’s ruling, no First Amendment defense may be raised in such circumstances. Justice Kagan focused specifically on the purpose for which the trademark was used in this case, “as a designation of source for own goods”. The decision, written by Justice Kagan, reaffirmed that the basic purpose of trademark law is the question of whether the public is likely to be confused by the product. VIP Products, the Supreme Court ruled that VIP’s “ Bad Spaniel’s Silly Squeaker”, which resembled the famous Jack Daniel’s whiskey bottle both in terms of shape and style of packaging, was infringing.

The Jack Daniel’s CaseĪs has been reported previously, in Jack Daniel’s Properties v. The case has provoked widespread discussion among IP lawyers across the world regarding similar cases in other jurisdictions. The Court found that free speech rights did not protect a manufacturer of dog toys, which mimicked a bottle of Jack Daniels, against an action for trademark infringement. On June 8, the United States Supreme Court handed down a surprisingly decisive ruling on trademark law and its relationship with First Amendment rights. “While Brazil recognizes the importance of freedom of expression, there is no standard regulation addressing the relationship between trademarks and parody/humor.”

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