The Connecticut Intellectual Property Law Association (CIPLA) is pleased to announce its next meeting in the 2022-2023 schedule.
Please join us for a discussion, led by Susan Kohlmann, Partner at Jenner & Block, of Jack Daniel’s Properties, Inc. v. VIP Products LLC, argued on March 22, 2023, in which the Supreme Court of the United States will for the first time directly address how the Lanham Act should be applied to expressive works. VIP Products has argued that its dog toy parodying the Jack Daniels iconic bottle design was an expressive work protected by the First Amendment under the seminal case of Rogers v. Grimaldi. Jack Daniels has advocated for a sweeping rule that overturns Rogers v. Grimaldi and its progeny, arguing instead that all expressive works be stripped of any heightened protection under the First Amendment and be subject to a traditional trademark infringement analysis. Jenner & Block filed an amicus brief in the case on behalf of the Motion Picture Association providing the unique perspective of content creators who regularly rely upon Rogers and its progeny to create works depicting the real world and advocating that the First Amendment should afford adequate breathing room for artistic expression. The presentation will discuss the case history, the briefing, oral argument, and the possible implications for the future of Rogers v. Grimaldi.
The meeting will be held on Monday, April 17, 2023 at The Elm City Club in New Haven, from 6 to 9 PM, including a cocktail hour from 6 to 7 PM.
About Susan Kohlmann:
Susan Kohlmann has tackled some of the most significant issues the content, media, and entertainment industry has faced. Representing entertainment and media industry giants, including film studios and television networks, new technology companies, and others in media and entertainment, she deftly navigates clients at the convergence of content and technology. Susan litigates cases addressing critical issues threatening her clients’ ability to exploit their creative works and key brands and clarifies the reach and application of federal law to new technologies and their content distribution platforms.
Susan guides clients in recognizing which issues are worth a fight. Then, she forges a litigation strategy, leaving no stone unturned to achieve success.
A litigation trailblazer, Susan secured a $100 million trademark infringement dispute win for ViacomCBS over an MTV reality show title. Susan represented Diageo in connection with its famous Bulleit whiskey brand, successfully enjoining the continued sale of Redemption whiskey following a three-week jury trial in which the jury confirmed that Diageo’s Bulleit brand was famous and that Deutsch Family Wine & Spirits’ Redemption bottle diluted its distinctiveness. Susan has also protected at trial and on appeal John Steinbeck’s estate’s right to control the use of the author’s iconic works. Susan is currently serving a two-year term as President of the New York City Bar.
Susan received her JD from the Columbia University School of Law, and her bachelor’s degree from Yale University.
Please RSVP by April 14, 2023 on the CIPLA website or by emailing CIPLA Program Chair T. David Bomzer at tdbomzer@cantorcolburn.com