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June 13, 2023
On June 8, 2023, the United States Supreme Court published its long-awaited decision in Jack Daniel’s Properties Inc. v. VIP Products LLC—a trademark dispute between whiskey maker Jack...
June 13, 2023
In a case that has already garnered extensive media attention due to the fame of Jack Daniel’s whiskey and public curiosity regarding a trademark clash involving whiskey and dog toys,...
June 13, 2023
Today the U.S. Supreme Court ruled in favor of Jack Daniel's in a dispute over a humorous squeaky dog toy called "Bad Spaniels."  The Court remanded the case to the...
June 12, 2023
Background On June 19, in Matal v. Tam, the U.S. Supreme Court (Justice Gorsuch did not participate in the case) affirmed the Federal Circuit’s ruling that the Lanham Act’s “disparagement clause” is unconstitutional under the First Amendment’s free speech clause. The Patent and Trademark Office denied the Slants’ (an Asian rock group) federal trademark registration, relying on the Lanham Act’s prohibition on trademarks that “which may disparage . . .
June 12, 2023
The Supreme Court ruled unanimously in favor Jack Daniel's in suit against VIP Products Bad Spaniels dog toy parodying whiskey brand. Jack Daniel's argued parody violated its trademark and trade dress under Lanham Act. SCOTUS agreed remanded case to lower court.
June 11, 2023
The Supreme Court gave whiskey maker Jack Daniel’s reason to raise a glass, handing the company a new chance to win a trademark dispute with the makers of the Bad Spaniels dog toy.
June 10, 2023
A trademark can be mocked as long as it is not used to distinguish a product. Supreme Court reversed the Ninth Circuit, ruling that a Bad Spaniels dog toy designed to look like a Jack Daniels liquor bottle did not avoid trademark infringement merely because it was a parody
June 10, 2023
The U.S. Supreme Court has unanimously rejected the Ninth Circuit’s opinion that a poop-themed dog toy should be protected as parody under the First Amendment. SCOTUS ruled today in...
June 10, 2023
Emerging from the pattern of unanimity, or near unanimity, that has characterized most of the cases decided so far this term, the Supreme Court decided one of its most eagerly awaited...