In a unanimous decision Thursday, the Supreme Court ruled that the First Amendment does not provide protection to a dog chew toy that bears resemblance to a bottle of Jack Daniel's in a trademark infringement lawsuit.
"We hold only that it is not appropriate when the accused infringer has used a trademark to designate the source of its own goods—in other words, has used a trademark as a trademark. That kind of use falls within the heartland of trademark law and does not receive special First Amendment protection," Justice Elena Kagan said in the decision.
In 2020, the 9th U.S. Circuit Court of Appeals ruled in favor of VIP Products, affirming that their toys are protected by the First Amendment. Jack Daniel's, the popular Tennessee whiskey company, subsequently sought additional review from the Supreme Court, stating that the"poop-themed dog toy" infringes on its trademark, confuses consumers, and tarnishes its reputation as it"associates its whiskey with dog poop.
Source: Law Daily Report (lawdailyreport.net)
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