Category: Uncategorized

Have you ever seen the Bad Spaniels squeaky toy?

Hilarious— 43% Poo By Volume, 100% Smelly. Would you be confused whether this was a novelty product versus an official Jack Daniels Distillery product? I doubt it.

Jack Daniels claims the Bad Spaniels squeaky infringes on its registered trademarks. A California trial court sided with Jack Daniels, but the 9th Circus Circuit Court of Appeals held the First Amendment trumps trademark law under a test in the Rogers v. Grimaldi case. Rogers describes when one can use a trademark without permission yet be protected by the First Amendment.

Case closed? Heck no. The United States Supreme Court agreed to hear the case and will do something with the Rogers test. Expect the American Kennel Club to file a best friend of the court brief giving Jack Daniels a ruff time.

Until then, you can read the 9th Circus Circuit’s opinion here.

I was recently listed as a Tennessee Rule 31 Civil Mediator and want to build my client base. That is why I am offering new clients three free hours of mediation! No tricks or gimmicks; you prepare a one-page position statement and come to my office in Metrocenter for in-person mediation.

I have practiced law for twenty years and would love to help resolve your business, real property, copyright, trademark, insurance, probate, or other dispute. Call me or schedule a telephone call on the calendar to the right for details.

Most from the South done took a holiday at some point to our Redneck Riviera—the Florida panhandle. Truth is, you ain’t lived unless you laid on Panama City Beach watching tour helicopters while drinking your third Margaritaville Mai Tai.

Others call our little chunk-o’-heaven Florabama. The Flora-Bama Club in Pensacola and MTV’s Floribama Shores commenced to brawlin’ over the right to use the trademark “Florabama.” The lawsuit pitted traditional Lanham Act trademark law against the 1st Amendment.

Who won? MTV and the 1st Amendment prevailed at the trial court and the 11th Circuit Court of Appeals. Why? I ain’t gonna spoilt the story—you gotta read the opinion here. Learn ya sumpin’ already!

Do you want to create a new trademark or protect your existing trademark? Have you received a cease-and-desist letter demanding you abandon your logo? Do you have questions about registering trademarks with the United States Patent and Trademark Office?

Trademark rights are tricky—book your free 20-minute initial consultation using the Calendly link in the sidebar.