The U.S. Supreme Court is set to hear a trademark clash between Jack Daniel’s and a dog accessory company behind a parody chew toy resembling the distiller’s widely recognized black-label whiskey bottle. | Reuters
Industry groups backing the Lynchburg, Tennessee-based whiskey brand, established in 1866, have said the dispute holds enormous stakes for corporate America’s ability to safeguard its brands and reputations.
A 2,300-strong group of authors took the opposite view, saying a win for Jack Daniel’s could lead to a “catastrophic chilling effect” over worries that creative expression might spark litigation. The San Francisco-based 9th U.S. Circuit Court of Appeals in 2020 ruled in favor of VIP Products on two separate grounds. The 9th Circuit said the Bad Spaniels toy was an “expressive work” and thus potentially shielded under the First Amendment from Jack Daniel’s trademark infringement claim.
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