Pryor Cashman Partner Ross Bagley, a member of the Litigation and Intellectual Property Groups, spoke with Law360 about key trademark cases from 2023.

In “The Biggest Trademark Rulings of 2023,” Ross comments on a pair of U.S. Supreme Court decisions—Jack Daniel’s Properties Inc. v. VIP Products LLC and Andy Warhol Foundation for the Visual Arts, Inc. v. Lynn Goldsmith, et al.—that are likely to impact trademark and copyright holders in 2024:

The Jack Daniel’s decision, together with the Supreme Court’s ruling the month before finding Andy Warhol’s Prince silkscreen infringed a photographer’s copyright, could make IP rights holders more likely to mount legal challenges, said Ross Bagley, a partner at Pryor Cashman LLP.

“I think that the impact of [these decisions] in 2024 is that you may find that IP owners who previously would not have commenced actions, believing that they may have faced fair use defenses, may be more inclined to reconsider that decision,” Bagley said. “And it also may give pause to those who might have perceived an opening to exploit preexisting works or marks based on First Amendment protections.”

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