The U.S. Supreme Court has settled a dispute over a dog toy. The conflict concerns the Bad Spaniel product, which resembles a bottle of the popular whiskey. According to the manufacturer, this misleads consumers.
A trademark dispute over a Jack Daniel’s whiskey bottle dog toy being heard in the U.S. Supreme Court could redefine how the U.S. judiciary enforces constitutional free speech rights in trademark law.
Conflict over dog toy
The Bad Spaniel rubber squeaky dog toy has the shape and size of a real liquor bottle. The label in almost identical graphic design is additionally provided with an image of a dog. Spaniel, of course. According to the manufacturer of the toy, it was supposed to be a joke and a parody. However, the company that produces the famous liquor filed a lawsuit.
“Jack Daniel’s loves dogs and appreciates a good joke as much as anyone else. But Jack Daniel’s loves its customers even more and doesn’t want them to be confused,” Jack Daniel’s Properties Inc. said in a statement.
A landmark verdict
The verdict in the first two instances has already been issued, the courts sided with the toy manufacturer, rejecting the claims of the company that produces the popular whiskey.
The U.S. Court of Appeals for the 9th Circuit of San Francisco, in its 2020 decision in favor of the toymaker, cited the 1989 decision of the 2nd U.S. Circuit Court of Appeals, based in New York, in the case brought by the legend. Hollywood Ginger Rogers. The actress unsuccessfully sued to block the release of the 1986 film Ginger and Fred, directed by Federico Fellini, which featured her famous dance collaboration with actor Fred Astaire.
This precedent allows artists to use trademarks as long as they have artistic value to the work and will not overtly mislead consumers into thinking the trademark owner has approved of them.
According to commentators, the verdict of the US Supreme Court in this case could be a breakthrough. The appeal of producer Jack Daniels is supported, among other things, by the administration of US President Joe Biden, arguing that the usual standard of trademark infringement should apply in such cases.
Source: Wprost
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