Supreme Court Miniseries: Zero Spoof Whiskey

In the Public Interest

In the Public Interest is excited to present a miniseries examining notable decisions recently issued by the United States Supreme Court. The first episode in the miniseries welcomes WilmerHale Partner Thomas Saunders, who focuses his practice on appellate and government litigation with a particular emphasis on intellectual property.

In the episode, Saunders joins co-host Felicia Ellsworth to discuss the Court's decision in Jack Daniel's Properties, Inc. v. VIP Products LLC, a hotly debated case involving trademark law and freedom of expression centered around two items seldom appearing in the same sentence: dog toys and whiskey. Saunders and Ellsworth review the basic facts of the case and trace the case’s journey from the lower courts up to the nation’s highest court. Saunders elaborates on WilmerHale’s involvement in the case, which included an amicus brief filed on behalf of the liqueur company Campari America LLC. They also explore the core legal issues the Court ultimately addressed in its unanimous decision and provide insight on the decision’s potential impact on the limits of artistic expression, humorous parodies and freedom of speech in the future.