Tennessee IP Law Blog

Enchant Christmas Light Maze & Mkt. Ltd. v. Glowco, LLC , No. 19-6282, 2020 WL 2487598 (6th Cir. May 14, 2020) Topic: Copyrights for light sculptures of animals and nature & Preliminary Injunctions Takeaways: Light Sculptures of Animals in various natural poses enjoys thin copyright protection at best. Similarity of light sculptures of animals and ice were inherent in their subject. Preliminary Injunction not proper when there was little likelihood of success on the merits of a copyright infringement claim, the light show had already ended, and a future show was speculative. https://www.fox13news.com/video/628335   https://nashvillefunforfamilies.com/glow-holiday-nashville/ Holding Holiday-themed light show producer "Enchant" brought action for injunctive relief against competitor, alleging infringement of its copyrights in a number of holiday-themed light sculptures. The United States District Court for the Middle District of Te...

VIP Prods. LLC v. Jack Daniel’s Properties, Inc. , No. 18-16012 (9th Cir. Mar. 31, 2020) Topic: Trademark Infringement, Parodies The panel affirmed in part, vacated in part, and reversed in part the district court’s judgment after a bench trial and permanent injunction in favor of Jack Daniel’s Properties, Inc., in a trademark suit brought by VIP Products, LLC, concerning VIP’s “Bad Spaniels Silly Squeaker” dog toy, which resembled a bottle of Jack Daniel’s Old No. 7 Black Label Tennessee Whiskey but had light-hearted, dog-related alterations.  The panel affirmed the district court’s summary judgment in favor of Jack Daniel’s on the issues of aesthetic functionality and distinctiveness. The panel held that the district court correctly found that Jack Daniel’s trade dress and bottle design were distinctive and aesthetically nonfunctional, and thus entitled to trademark protection.  Accordingly, the district court correctly rejected VIP’s request for cancellation of...