Recorded Briefing—Jack Daniel’s Properties, Inc. v. VIP Products LLC: A Supreme Court Oral Argument Preview

Media Briefing

Panelists:
Elizabeth Brannen, Managing Partner, Stris & Maher LLP
Adam Mossoff, Professor of Law, Antonin Scalia School of Law, George Mason University
Andrew C. Michaels, Assistant Professor of Law, The University of Houston Law Center

Description:
On March 22, 2023, the justices will hear oral arguments in a case that implicates the balance between two fundamental constitutional interests—trademark protection and speech rights—in the context of a dog-toy maker’s parody of an iconic whiskey brand. Our panelists will focus on the distinct questions the Court has asked the parties to address, the multitude of related considerations and concerns that could animate the arguments, and the justices’ options for connecting all the disparate dots in its ruling.

Speakers' Biographies

Elizabeth Brannen

Elizabeth is Managing Partner of Stris & Maher LLP, one of the nation’s preeminent litigation boutiques. In addition to serving as the firm’s chief executive, Elizabeth maintains an active litigation practice representing clients in significant intellectual property and other complex business disputes. Before joining the firm in 2015, Elizabeth served as the Director of Intellectual Property at Barnes & Noble and as Corporate Counsel in Oracle’s litigation group.

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Professor Adam Mossoff

Adam is a Professor of Law at Antonin Scalia School of Law at George Mason University. He teaches a wide range of courses at the law school, including property, patent law, trade secrets, trademark law, remedies, and internet law. Adam is also a Senior Fellow at the Hudson Institute, where he is also Chair of the Forum for Intellectual Property, and he is a Visiting Intellectual Property Fellow at the Heritage Foundation. He participated in the drafting of and signed onto an amicus brief of former judges, senior government officials, and scholars in support of the Petitioners in Jack Daniels v. VIP Products.

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Professor Andrew C. Michaels

Andrew is Assistant Professor of Law at The University of Houston Law Center. He teaches in the areas of intellectual property and statutory regulation, and his scholarship has focused in the areas of patent law and jurisprudence. Andrews clerked for Judge Pauline Newman at the United States Court of Appeals for the Federal Circuit before practicing as a patent litigator for a number of years. Prior to joining the Law Center, Andrews was a Visiting Associate Professor and the Frank H. Marks Intellectual Property Fellow at the George Washington University Law School. He filed an amicus brief in support of the Respondent in Jack Daniels v. VIP Products.

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