Marsha Gentner Quoted in Bloomberg Law Article on Supreme Court Trademark Case

Marsha Gentner was quoted in the Bloomberg Law article, “High Court Dog Toy Case Ushers in ‘Exciting’ Trademark Law Year.” The case surrounds Jack Daniel’s Properties LLC’s bid to undo a finding that the First Amendment protects “Bad Spaniels” dog toys mimicking the look and feel—or trade dress—of its liquor bottles. There has been argument that such issues should be rolled into a broader analysis, while others say the low-bar threshold should be reserved for traditional expressive works, and not products like dog toys. Gentner indicates that, more than anything, practitioners want clarity.