Not only Russian copyright, broadcast and digital law
VIP Products sells the “Bad Spaniels Silly Squeaker” dog toy, which resembles a bottle of Jack Daniel’s Old No. 7 Black Label Tennessee Whiskey, but has light-hearted, dog-related alterations. For example, the name “Jack Daniel’s” is replaced with “Bad Spaniels,” “Old No. 7” with “Old No. 2,” and alcohol content descriptions with “43% POO BY VOL.” and “100% SMELLY.”
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Key points:
The question this case presents: Has “registration… been made in accordance with Title 17” as soon as the claimant delivers the required application, copies of the work, and fee to the Copyright Office; or has “registration… been made” only after the Copyright Office reviews and registers the copyright?
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Secondary liability doctrines enable copyright owners to bring claims against third parties that have some relationship to persons who themselves commit infringement (i.e., “direct” infringers). As the Supreme Court has noted, “although ‘the Copyright Act does not expressly render anyone liable for infringement committed by another,’ these doctrines of secondary liability emerged from common law principles and are well established in the law.”
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