Dog toy ruling may help stuffed bear trademark fightJune 21, 2023 – Media Mention
Intellectual property litigator, Josh Geller, provided commentary to Daily Journal regarding the 9th U.S. Circuit Court of Appeals decision that was vacated by the U.S. Supreme Court involving a stuffed bear in a popular Disney movie.
An attorney who is not involved in the case, Greenberg Glusker LLP partner Joshua M. Geller, said the key question is whether the Jack Daniel's Supreme Court ruling would prompt lower court judges to change their minds in the Disney case.
"The Supreme Court didn't touch that argument," Geller said in a phone interview. "Disney is saying it's a use in an expressive work. I think that argument holds."
The case in not clear-cut, Geller said. "We don't have a bright line."