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
"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."
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."
It's a SCOTUS opinion day.
Will today be #BadSpaniels day?
https://www.scotusblog.com/case-files/cases/jack-daniels-properties-inc-v-vip-products-llc-2/