Tag archives: First Amendment

Jack Daniels Finally Has its Day Before the Supreme Court

By Felicia Boyd (US) on March 27, 2023 Posted in Trademark

The United States Supreme Court held oral arguments in connection with a dispute between Jack Daniel’s and VIP Products LLC (“VIP”) over a humorous dog toy which is intended to mimic the label of a Jack Daniel’s whisky bottle. Jack Daniel’s Properties, Inc. v. VIP Products LLC, (22-148) (March 22, 2023). The toy replaces the … Continue reading

11th Cir. holds “skim milk” label protected by 1st Amendment

By Andre Hanson (US) and Saul Perloff (US) on April 10, 2017 Posted in Advertising

In a case with potentially significant ramifications for regulatory oversight of the labeling and advertising of foods and pharmaceuticals, the Eleventh Circuit held the First Amendment precluded the Florida Department of Agriculture’s Bureau of Dairy Industry (the “Florida Bureau”) from prohibiting a dairy company’s use of the phrase “skim milk” to describe its “all-natural” milk … Continue reading