Jack Daniel dog toy dispute
Whiskey maker Jack Daniel’s has logged an appeal with the US Supreme Court to overturn a ruling that a dog toy did not infringe on its trademarks.The Bad Spaniels dog toyAs reported by Law360.com, Jack Daniel’s submitted its appeal to the court last Friday (18 September) arguing for the previous verdict to be overturned.Jack Daniel’s, which is owned by Brown-Forman, was first taken to court by the maker of the Bad Spaniels Silly Squeakers dog toy in 2014 after the distiller sent cease and desist letters to the company.
Before the district court may find that the toy infringed Jack Daniel’s famous trade dress, the Ninth Circuit held the court must first consider whether the trade dress was artistically relevant to the toy’s expressive character, and whether use of the trade dress explicitly misleads consumers.
The US Supreme Court has denied the request of a trademark case filed by Tennessee whiskey maker Jack Daniel’s over a parody dog toy called ‘Bad Spaniels’.
(added on Jan. 17, 2021)