Could a dog toy tarnish Jack Daniel's image? Supreme Court will hear the case

A conflict between a popular whiskey distiller's bottle and an Arizona company with a similar-looking dog toy isJack Daniel's says the dog toy's resemblance to its bottle might cause consumer confusion or tarnish the brand's reputation, although the court will ultimately make the final decision.

Jack Daniel's first asked VIP Products to stop selling the Bad Spaniels toy — which is garnished with jokes such as"the old No. 2 on your Tennessee carpet" — after VIP Products began selling the toy in 2013. After VIP Products refused to stop selling the toy, the company filed a claim stating that the Bad Spaniels toy does not infringe on any trademark rights.

VIP Products then added two additional claims to the filing. One stated that the shape of the Jack Daniel's whiskey bottle is not distinctive, asking for a declaration that the design not be entitled to trademark protection. The second added claim asked the court to cancel Jack Daniel's trademark claim for its square bottle.

"It depends on whether people see them, are likely to absorb them, understand what they mean," Franklyn said.The likelihood of consumer confusion will also come into play, said Franklyn, meaning whether people will think the toy is officially licensed by Jack Daniel's. If the likelihood of consumer confusion is relatively high, the company can sometimes prove an overriding speech interest to continue selling the product.

Source: News Formal (newsformal.com)

United States Latest News, United States Headlines

Similar News:You can also read news stories similar to this one that we have collected from other news sources.

Supreme Court Punts on Texas and Florida Social Media Cases That Could Upend Platform ModerationThe court is still scheduled to hear two other cases next month that could affect the business models of major platforms.
Source: NBCDFW - 🏆 288. / 63 Read more »

Supreme Court issues first opinion of the term, rules against Navy veteran on disability benefitsThe Supreme Court issued Monday its first opinion of the current term, ruling unanimously against a Navy veteran who was seeking roughly three decades of retroactive disability benefits.
Source: WashTimes - 🏆 235. / 63 Read more »

Supreme Court puts off showdown over internet moderation bans in Texas and FloridaSupreme Court puts off showdown over Texas and Florida’s internet moderation bans
Source: verge - 🏆 94. / 67 Read more »

U.S. Supreme Court spurns attorney-client privilege fight in crypto tax probeThe U.S. Supreme Court on Monday threw out a case about the scope of attorney-client privilege involving a law firm's bid to withhold records from prosecutors related to a cryptocurrency-promoting client in a tax investigation. Good decision.
Source: Reuters - 🏆 2. / 97 Read more »