On September 25, US District Judge Paul Gardephe issued an order granting a Jenner & Block team's motion to dismiss the federal trademark claims brought by Liberty Tax Service. The plaintiff alleged that clients AMC Networks Inc. and Sony Pictures Television Inc. had infringed on their trademark and trade dress with the depiction of a fictional business in the show "Better Call Saul."
The opinion interpreted the recent Supreme Court decision in Jack Daniel's to conclude that the Rogers test was applicable as the case involved a non-source-identifying use of the challenged mark. The Court further held that the challenged use was plainly artistically relevant and that plaintiff had not met the high bar of showing a "particularly compelling" likelihood of confusion.
The Jenner & Block team is led by Partners Gianni Servodidio and Susan Kohlmann and includes Associate Allison Douglis.