Toying with Trademark: Supreme Court's Decision in Jack Daniel's Case


Last month, the US Supreme Court has ruled in favor of Jack Daniel's in a trademark dispute involving dog toys shaped like the company's whiskey bottles. 

VIP Products LLC, the maker of the "Bad Spaniels" toy, argued that the products were obvious parodies and protected under the First Amendment as free speech. 

The whiskey maker argued that there was a likelihood of confusion and a violation of trademark law. 

In a 9-0 vote, the Court ruled against VIP and stated that the alleged infringement fell within the scope of trademark law and did not receive special First Amendment protection. 

Several companies, including Nike, Campbell Soup, and American Apparel, supported Jack Daniel's in their briefs, expressing concerns about the interpretation of trademark law. On the other hand, free speech advocates supported VIP Products, emphasizing the importance of commenting on and mocking famous brands. 


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