![]() But Jack Daniel’s likes its customers even more, and doesn’t want them confused or associating its fine whiskey with dog poop,” the company’s brief said. “Jack Daniel’s loves dogs and appreciates a good joke as much as anyone. Court of Appeals for the 2nd Circuit set a higher standard for trademark infringement for expressive works like movies. Court of Appeals for the 9th Circuit agreed in 2020.īut Jack Daniel’s wants to toss that decision as well as a separate 1989 case it was based on, known as Rogers v. 2, on your Tennessee Carpet,” are covered by free-speech protections of the First Amendment. The toy company argues that its design, replete with send-ups like subbing “Old No. What the justices decide could go far beyond dog toys, implicating how brands can control their depiction in books, movies and on TV in the absence of congressional action - and plenty of industries and artists have weighed in on the case. The maker of Jack Daniel’s Tennessee Whiskey wants the justices to throw out a lower court ruling that would allow a dog toy company, VIP Products, to keep making the “Bad Spaniels” line of chew toys based on the distillery’s bottle. ![]() The Supreme Court’s oral arguments Wednesday will focus on a shot of potty humor from a dog toy company, and whether the well-known distillery it spoofs can scoop the product out of the market. ![]()
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