Jordana Brewster is comfy yet stylish in a beige sweater and flared pink pants as she steps out with her son in Los Angeles Simone Holtznagel shows off her 10kg weight loss in a corset dress as she cosies up to boyfriend Jono Castano at Sydney's Randwick Races Stakes Day Glamorous Booby Tape co-founder Bianca Roccisano flashes a hint of underboob in a racy $2,300 cut-out designer dress for a girls' night in LAĪshlee Simpson looks stylish with her dapper husband Evan Ross as they attend Church Boutique's Good Friday celebration Last pictures of S Club 7 star Paul Cattermole: Smiling singer, 46, was seen dancing in the countryside in upbeat photos just one day before his tragic death Jonah Hill is UNRECOGNIZABLE as he transforms into his alter ego 'Prophet Ezekiel Profit' to attend Lakers game with Lisa Rinna just three MONTHS after nearly being killed in horrific snow plow accident Jeremy Renner rides a motorized scooter during family trip to theme park. The Crown bosses are 'forced to rewrite their planned script as major star refuses to reprise their role for the sixth and final season' Love Is Blind alum Bartise Bowden shocks fans as he announces he is a father to a newborn son: 'Meet my little man' Rod Stewart's wife Penny Lancaster, 52, enjoys a fishing trip with their sons as her superstar husband continues his tour in New ZealandĪriana Grande stuns wearing a puffy hot pink coat alongside Wicked co-star Cynthia Erivo as the duo make a stylish exit out of Ronnie Scott's in LondonĪLISON BOSHOFF: The intriguing story of Phillip Schofield's childhood with his brother Timothy who has been found guilty of sexually abusing a boy Kate Middleton's mother Carole is calling it a day on the party that made her a fortune Riot at ex-Pussycat Doll's Melody Thornton's musical: Audience revolt when they're told to stop singing at The Bodyguard and fights break out Resurfaced video shows S Club 7 star Paul Cattermole saying he would trade fame for 'one true love' - after his tragic death at the age of 46ĮDEN CONFIDENTIAL: Gardener Alan Titchmarsh will be rooting for Charles from homeįrom a global heartthrob to a bankrupt reduced to putting his Brit awards on eBay: The amazing rise and fall of S Club 7's Paul Cattermole President Joe Biden's administration supports Jack Daniel's appeal. The 9th Circuit also ruled that VIP Product's use of the Jack Daniel's trademark was noncommercial because it was used not only to sell dog toys but also 'to convey a humorous message,' and thus had not tarnished the distiller's distinctive mark. The judge ruled for VIP Products after applying the so-called 'Rogers test,' which lets artists lawfully use another's trademark when doing so has artistic relevance to their work and would not explicitly mislead consumers about its source. On this point, the 9th Circuit returned the case for further proceedings to a federal judge in Arizona with instructions to apply a legal test stemming from a landmark 1989 trademark dispute between actress Ginger Rogers and film director Federico Fellini. The 9th Circuit said the Bad Spaniels toy was an 'expressive work' and thus potentially shielded under the First Amendment from Jack Daniel's trademark infringement claim. The San Francisco-based 9th US Circuit Court of Appeals in 2020 ruled in favor of VIP Products on two separate grounds. 'If the threat of legal sanction hangs over the heads of writers, their literary characters may no longer use iPhones, eat at McDonald's or visit Disneyland,' the group wrote in a brief to the justices.Īt issue is whether VIP Products should be shielded from liability for alleged harms its chew toy poses to Jack Daniel's by potentially misleading customers into associating the product with the whiskey maker or tarnishing the company's famous trademark 'While the case involves dog toys, even allegedly "humorous" knock-offs can confuse consumers as to what messaging and products well-known alcohol beverage brands endorse.'Ī 2,300-strong group of authors took the opposite view, saying a win for Jack Daniel's could lead to a 'catastrophic chilling effect' over worries that creative expression might spark litigation. 'This case is no laughing matter,' said Courtney Armour, chief legal officer at the industry group Distilled Spirits Council. Industry groups backing the Lynchburg, Tennessee-based whiskey brand, established in 1866, have said the dispute holds enormous stakes for corporate America's ability to safeguard its brands and reputations. The dispute centers around trademark rights versus legal protections for creative expression. A dog toy called Bad Spaniels, shaped like a Jack Daniel's whiskey bottle, is at the center of a trademark dispute that will go before the US Supreme Court this week in a case that could redefine how the judiciary applies constitutional free speech rights to trademark law
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