Trademark | Balancing the First Amendment on Whiskey and Dog Toys

Thomas James | The US Supreme Court has heard oral arguments and will soon decide the fate of the "Bad Spaniels" dog toy. | U.S. Trademark Law

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Luke Winkie on #BadSpaniels

"[T]he powers that be at Jack Daniel’s were so upset about this horrific incursion on their trademark that they took the issue all the way to the highest authority in the legal stratosphere, bringing to mind a third-grader who can’t back down from a dare."

https://slate.com/human-interest/2023/06/jack-daniels-supreme-court-ruling-dog-toy.html

LOL at the Supreme Court’s Insane Dog-Toy Ruling

Sorry, but who's mistaking real whiskey for a "Bad Spaniels Silly Squeaker"?

Slate
Supreme Court Rules in Favor of Jack Daniel's Over Dog Toy in Trademark Dispute - Political IQ

The Supreme Court Thursday ruled 9-0 in favor of Jack Daniel's in a trademark dispute with the maker of a dog toy called "Bad Spaniels."

Political IQ

"Today’s opinion is narrow. We do not decide whether the Rogers test is ever appropriate, or how far the 'noncommercial use' exclusion goes. On infringement, we hold only that Rogers does not apply when the challenged use of a mark is as a mark. On dilution, we hold only that the noncommercial exclusion does not shield parody or other commentary when its use of a mark is similarly source identifying."

#Trademarks #LawFedi #SCOTUS #BadSpaniels

SCOTUS: "We hold only that [the Rogers test] is not appropriate when the accused infringer has used a trademark to designate the source of its own goods—in other words, has used a trademark as a trademark. That kind of use falls within the heartland of trademark law, and does not receive special First Amendment protection."

https://www.supremecourt.gov/opinions/22pdf/22-148_3e04.pdf

#Trademarks #LawFedi #SCOTUS #BadSpaniels

Jack Daniel's Properties, Inc. v. VIP Products LLC - SCOTUSblog

Independent News and Analysis on the U.S. Supreme Court

SCOTUSblog
Note that we don't yet have a decision in this term's trademark/First Amendment case, #BadSpaniels