Read the Beforeitsnews.com story here. Advertise at Before It's News here.
Profile image
By Reason Magazine (Reporter)
Contributor profile | More stories
Story Views
Now:
Last hour:
Last 24 hours:
Total:

"Why Jack Daniel's Can't Stop #WestElmCaleb and What Now?" Published

% of readers think this story is Fact. Add your two cents.


Together with my coauthor and former student Kavita Balchand, I recently published a law review article entitled “Why Jack Daniel’s Can’t Stop #WestElmCaleb and What Now?” in the William & Mary Bill of Rights Journal. It is available for download here, and this is the abstract:

The Supreme Court’s recent decision in Jack Daniel’s Properties v. VIP Products was hailed as a victory by trademark owners worried about infringement and dilution. Its holding weakened the potential protection that trademark parodies would receive via the fair use defense. That said, it remains difficult to use trademark law to stop many uses of marks that harm a brand, in an era in which a single negative viral hashtag campaign could spell disaster. Notably, hashtags including trademarks such as “#WestElmCaleb” and “#TinderSwindler” have spread in recent years and arguably brought disrepute to the named companies by connecting them to alleged predators of various stripes. Even with the Jack Daniel’s holding going their way, trademark owners are unlikely to be able to act against most third parties who use their marks on social media in this manner, mainly because the use is descriptive and not for financial gain. Things are murkier when commercial entities make use of a hashtagged or previously-hashtagged term, as happened with “West Elm Caleb” when other companies began making references to the term in their messaging. West Elm would be going down an uncertain legal road by pursuing those claims, however, and meanwhile any claims against individual social media users would likely not only lose but also hurt the company with consumers. The solution for optimal brand management may largely lie in self-help: companies such as West Elm should prevent harassing and other unsavory behavior on the part of their employees on social media and in other communications in the first place, and companies such as Tinder must overhaul their safety practices to rein in predatory users. This Article proposes advances in employee policies and training to prevent trademark harms arising from employees’ online behavior, and also gives guidance on dating apps’ user problem. While Jack Daniel’s might not be able to stop West Elm Caleb or the Tinder Swindler, the companies involved can take a real “shot” at it.

The post “Why Jack Daniel’s Can’t Stop #WestElmCaleb and What Now?” Published appeared first on Reason.com.


Source: https://reason.com/volokh/2025/07/09/why-jack-daniels-cant-stop-westelmcaleb-and-what-now-published/



Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world.

Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.

"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.

Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world. Anyone can join. Anyone can contribute. Anyone can become informed about their world. "United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.


LION'S MANE PRODUCT


Try Our Lion’s Mane WHOLE MIND Nootropic Blend 60 Capsules


Mushrooms are having a moment. One fabulous fungus in particular, lion’s mane, may help improve memory, depression and anxiety symptoms. They are also an excellent source of nutrients that show promise as a therapy for dementia, and other neurodegenerative diseases. If you’re living with anxiety or depression, you may be curious about all the therapy options out there — including the natural ones.Our Lion’s Mane WHOLE MIND Nootropic Blend has been formulated to utilize the potency of Lion’s mane but also include the benefits of four other Highly Beneficial Mushrooms. Synergistically, they work together to Build your health through improving cognitive function and immunity regardless of your age. Our Nootropic not only improves your Cognitive Function and Activates your Immune System, but it benefits growth of Essential Gut Flora, further enhancing your Vitality.



Our Formula includes: Lion’s Mane Mushrooms which Increase Brain Power through nerve growth, lessen anxiety, reduce depression, and improve concentration. Its an excellent adaptogen, promotes sleep and improves immunity. Shiitake Mushrooms which Fight cancer cells and infectious disease, boost the immune system, promotes brain function, and serves as a source of B vitamins. Maitake Mushrooms which regulate blood sugar levels of diabetics, reduce hypertension and boosts the immune system. Reishi Mushrooms which Fight inflammation, liver disease, fatigue, tumor growth and cancer. They Improve skin disorders and soothes digestive problems, stomach ulcers and leaky gut syndrome. Chaga Mushrooms which have anti-aging effects, boost immune function, improve stamina and athletic performance, even act as a natural aphrodisiac, fighting diabetes and improving liver function. Try Our Lion’s Mane WHOLE MIND Nootropic Blend 60 Capsules Today. Be 100% Satisfied or Receive a Full Money Back Guarantee. Order Yours Today by Following This Link.


Report abuse

Comments

Your Comments
Question   Razz  Sad   Evil  Exclaim  Smile  Redface  Biggrin  Surprised  Eek   Confused   Cool  LOL   Mad   Twisted  Rolleyes   Wink  Idea  Arrow  Neutral  Cry   Mr. Green

MOST RECENT
Load more ...

SignUp

Login

Newsletter

Email this story
Email this story

If you really want to ban this commenter, please write down the reason:

If you really want to disable all recommended stories, click on OK button. After that, you will be redirect to your options page.