Listen Up: Trademark and Copyright Law with Kaitlin Corey

Intellectual property lawyer Kaitlin Corey was interviewed on the “Conversations with Rich Bennett” podcast on June 21. You can listen here:  https://harfordcountyliving.buzzsprout.com/849097/13076409-trademark-and-copyright-law-with-kaitlin-corey

Kaitlin is a partner at Goodell DeVries where she handles a wide range of intellectual property matters. Contact her at kcorey@gdldlaw.com.

 

Chew on This: Parody of Famous Mark Not Protected by First Amendment or Excluded from Dilution Liability

On June 8, 2023, the Supreme Court of the United States issued a unanimous decision in the case of Jack Daniel’s Properties, Inc. v. VIP Products LLC, No. 22-148, 599 U.S. ___ (2023), ruling that when an alleged infringer uses a mark as a trademark to designate the source of its own goods, the Rogers test providing First Amendment protection for titles of artistic works does not apply to shield the challenged use from liability for trademark infringement, nor do the noncommercial use and fair use exclusions under the Lanham Act apply to foreclose dilution liability.

Jack Daniel’s makes and sells whiskey using the bottle design and label shown below, which are trademarks of Jack Daniel’s and are covered by several trademark registrations, including “Jack Daniel’s,” “Old No. 7,” the arched Jack Daniel’s logo, the stylized label with filigree (twirling white lines) and the distinctive square bottle design. VIP Products is a dog toy company that makes a line of chewable rubber toys called “Silly Squeakers,” many of which are designed to look like and parody popular beverage brands. Jack Daniel’s found no humor when VIP Products added the “Bad Spaniels” toy to its line (shown below), which is about the same size and shape as a bottle of Jack Daniel’s whiskey and uses the words “Bad Spaniels” in place of “Jack Daniel’s” in a similar font and arch, uses a similar black label and filigreed border, replaces “Old No. 7 Tennessee Sour Mash Whiskey” with “The Old No. 2 On Your Tennessee Carpet” and substitutes “43% poo by vol.” and “100% smelly” for “40% alc. by vol. (80 proof).” VIP’s Bad Spaniels product is packaged for sale with a hangtag (shown below) bearing two logos, one for Silly Squeakers and one for Bad Spaniels, and includes a disclaimer that the product is not affiliated with Jack Daniel Distillery.

Trademark Law - Jack Daniels and Bad Spaniels

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Do You Know What Your Data is Doing?

The headline is a mouthful, but in the time you read this column your personal data has probably been collected by the more sophisticated vendors with whom you do business and is being used to target you for more purchases. This now-common practice might offend or it might be seen as consumer-useful.  It’s very clear, though, that artificial intelligence plays a role in selecting data capture and crafting the ad messages. Continue reading

Kaitlin Corey to Speak at Small Business Seminar

Goodell DeVries partner Kaitlin Corey will speak at “Ask the Experts: A Small Business Essentials Seminar” on May 11. Hosted by the Harford County (Maryland) Office of Economic Development, the seminar will provide opportunities for business owners to pose questions and learn from local business professionals.

Kaitlin will share her knowledge from years of experience working with business owners. She works with companies of all sizes by assisting them with general corporate governance, mergers and acquisitions, and intellectual property protection and management.

Visit the event page for more information.

Kaitlin Corey Earns 2023 Leaders in Law Accolade from The Daily Record

 

Kaitlin Corey accepts The Daily Record Leaders in Law 2023 honor.

Goodell DeVries partners Donna Thomas (left) and Kaitlin Corey

Join us in congratulating our partner Kaitlin Corey, who’s been selected for The Daily Record’s 2023 Leaders in Law honor. Leaders in Law recognizes outstanding lawyers and judges across Maryland who are serving businesses, clients, and individuals and making our communities stronger. The awards celebration was held on April 25 and was followed by this very nice profile of Kaitlin in The Daily Record.

Kaitlin is an accomplished lawyer, teacher, and mentor. She assists companies of all sizes in general corporate governance, mergers and acquisitions, and intellectual property protection and management matters. She regularly advises on brand protection strategies by reviewing marketing creative for legal compliance, clearing trademarks for use and registration, and licensing of trademarks and copyrights.

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Fair Use and the Fourth Estate

April must be copyright month. Those who follow copyright, photography and the free press will have their interests piqued by the Southern District of New York’s holding of fair use as a defense to infringement involving the events of Jan. 6, 2021, Fox News and a freelance photographer who, on January 6, was at the Capitol and filmed the activities.

In particular, she videoed Kelly Meggs participating in a stack formation ascending the Capitol’s stairs. The Department of Justice charged Meggs and attached to its complaint a copy of a still from the photographer’s video.

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All Sorts of Issues with Artificial Intelligence

“AI is the next revolution … there is no going back.”

— M. Werneck, executive vice president, The Kraft Heinz Company.

Not all revolutions benefit humanity. Tech luminaries Elon Musk and AI pioneer Yoshua Bengio recently warned we might be circling the drain. They, and others, have called for a six-month moratorium on training artificial intelligence systems more powerful than Microsoft’s GPT-4. They caution AI can be dangerous to society in ways not understood.

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