Art, Commerce & Trademark Law: A Discussion with the General Counsel of MSCHF about Jack Daniel’s Properties, Inc. v. VIP Products LLC

On this Touro Law Review podcast, we are joined by John Belcaster, the General Counsel of MSCHF, a Brooklyn-based art collective. MSCHF (pronounced “mischief”) produces artworks that critique and comment on American culture. The podcast discussion with Belcaster focuses on Jack Daniels Properties, Inc. v. VIP Products LLC, a trademark case currently pending before the Supreme Court.  As he explains, MSCHF filed an amicus brief (available here: MSCHF SUPREME COURT AMICUS BRIEF.indd.) in the Supreme Court that, among other things, asked the Justices and their law clerks to draw pictures – and thereby create art. The purpose of the brief, according to Belcaster, is to illuminate the issues raised by Jack Daniels Properties and to persuade the Court to take a broad view of what constitutes protected artistic expression.