The Supreme Court on Thursday sided with Jack Daniel's in a challenge over the 'Bad Spaniels’ parody dog toy.
"This case is about dog toys and whiskey, two items seldom appearing in the same sentence," Justice Elena Kagan wrote in the opening line of the opinion. The justices ruled in unanimity in favor of Jack Daniel's, which argued that an appeals court erred when it said the parody toy was"non-commercial" and enjoyed First Amendment protection.
Jack Daniel's claimed the toy violated federal trademark law, which typically centers on how likely a consumer is to confuse an alleged infringement with something produced by the real owner of the mark.
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