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Bad Spaniels




I went through a phase a few years ago of watching all the classic Hollywood dance movies, especially those of the legendary couple Fred Astaire and Ginger Rogers. 

So it was with a start this week that I learned recently that the key Supreme Court decision protecting parody as free speech, and against charges of the infringement of intellectual property rights, arose from those movies. The case is ROGERS v. GRIMALDI (1989). This means that it was decided at about the time I was watching all those movies, rented from a now-forgotten place called Blockbusters.

That case was brought by THE Ginger Rogers, unhappy about a movie about two fictional Italian Cabaret performers. The name of the movie was "Ginger and Fred," because the two fictional performers in the movie were known to their admirers as "the Italian Ginger and Fred." Of course this presumes the familiarity of those admirers with the couple in the black-and-white photo above.

A case now before the Supreme Court involves a dog toy called "Bad Spaniels" designed to look like a bottle of Jack Daniels whiskey. It will be solved by parsing the wording of the old ROGERS decision.

I look forward to reading the decision, and likely commenting about it here.

As for the above picture, I have to say: "Don't look so wary, Ginger!"      


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  1. Paul D. Van PeltMarch 31, 2023 at 3:16 PM

    Were I an associate Justice on the court, and did I better know the fact pattern(s) of these cases and parameters of what the Court must and must not; will or will not hear, my reaction(s) might be: scorn; disbelief; insult; or outright outrage at the narcissistic frivolity of this nonsense.
    I do know that the high court holds considerable discretion when it comes to these matters. Some might argue too much discretion, others, not enough. It depends. I guess. Contextual reality infects much of who we are and what we do. Alas, my judicial responsibilities did not exceed simpler, less-political fact patterns. As a sometime administrative law judge, my burden of proof examinations were low bar, and free from socio-political considerations, entertained by the Supremes. I conclude that the prestige and admiration of those appointments are probably not worth the heartburn.

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    1. ChristopherApril 1, 2023 at 8:54 AM

      Oddly, narcissism may indeed have been involved in Rogers' decision to bring suit. Her profit motive probably ran the other way. At the time, she was in negotiations with a large clothing retailer which was interested in selling "Ginger Rogers" branded clothes. She said that her ability to control the name was necessary to preserve such business opportunities as that. This means she was seeking to sell her name and its ballroom glamour as a brand. Cool. BUT ... the existence of a Frederico Fellini movie using her name in this context was if anything enhancing for that brand. I don't see how it would have hurt her in those negotiations! Heck, the silly old TV show Gilligan's Island had a movie star named "Ginger." The screenwriters for the show seemed to have modelled their after Marilyn Monroe, but for all I know the use of the name "Ginger" was due to the Fred-and-Ginger star's fame. I think a lawsuit over THAT may have been more rational for Ms Rogers than one targeting an artsy Fellini film where her name was used as a tribute to her actual accomplishments.

      Delete
  2. Paul D. Van PeltApril 1, 2023 at 5:56 PM

    If this is offensive or too far off topic, I will understand. After all the hype and tripe about indictment of the former President, I just could not restrain myself. The supposed indictment, to come, allegedly on Tuesday, will feature, allegedly, some thirty (30) counts of business fraud. I don't know if so-called hush money to a porn star is included in those thirty counts.If so, and if and only if it is associatively connected with that former President's official performance, it might have relevance. However, raising such issues, now, seems disingenuous. Please: I am not defending a fraudulent scoundrel. I am only placing myself in a judicial robe. Asking myself how the backstory---all of it---should affect an outcome. The defense has asserted their client can't get a fair trial in New York. So, how about Florida? How about any of thirty other red states, whose allegiances supported a soon-to-be-indicted, ex-president? Or, perhaps, Puerto Rico?

    Come on now. A well loved celebrity is searching for Mexico. She is only, as I see it, searching Mexico. No. Jurisprudence is not worth the heartburn. There are no winners here. Only losers, who by the grace of justice, prevail.

    ReplyDelete
  3. Paul D. Van PeltApril 5, 2023 at 4:21 PM

    Late Flash: The American red party cozying up with Chinese nationalists in Taiwan? No less ( or more) than Speaker McCarthy. How interesting. Solidarity? The timing is exquisite, isn't it? I call it contextual reality. No more than ludicrous. No less than desperate.

    ReplyDelete

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