Wednesday, March 22, 2023

OnPolitics: Did a dog toy violate Jack Daniel's trademark?

The case has drawn attention and briefs from some well-known brands, including Campbell Soup Co. and Levi Strauss & Co., who are backing  Jack Daniel's.
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On Politics

Wed Mar 22 2023

 

Hi there, OnPolitics readers!

The U.S. Supreme Court referenced drunk elephants, sex toys and dog poop during oral arguments today as they determine whether a dog toy that imitates a bottle of Jack Daniel's whiskey violated the company's trademark or if it's protected by the First Amendment. 

So why is the Supreme Court taking up this case? As John Fritze reports: 

At issue is whether humorous products that parody a brand enjoy special protection from trademark claims under the First Amendment or whether funny knock-offs violate trademark law because they could confuse consumers or disparage the original product
The case has drawn attention and briefs from some well-known brands, including Campbell Soup Co. and Levi Strauss & Co., who are backing  Jack Daniel's. 
The U.S. Court of Appeals for the 9th Circuit sided with toy maker, ruling that – because the product is a parody – it enjoys special protection from trademark claims.

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