A squeaky dog toy by Arizona-based VIP Products infringes on the Jack Daniels trademark, the U.S. Supreme Court said in a ruling Thursday.
By Howard Fischer Capitol Media Services Those squeaky dog toys made by an Arizona firm that mimic Jack Daniels bottles may be a thing of the past.
VIP has offered similar products, including Heine Sniff'n in something that looks like a Heineken bottle, Mountain Drool that mimics a Mountain Dew bottle, and Cataroma that bears more than a passing resemblance to Corona. And there are other parody items like Jose the Perro toy that looks like a Jose Cuervo bottle, the Doggie Walker squeeze toy and a Canine Cola with a design similar to a Coca Cola can.
A trial judge sided with the distiller, citing evidence that 29 percent of consumers believed Jack Daniels actually sponsored the toy, declaring that it infringed on the the company's trademark. But the appellate judges saw the issue through a different legal lens. Kagan said all that goes to the reason that companies trademark things like their"trade dress," the overall appearance of a product. That can make it instantly identifiable to consumers.
Consider, Kagan said, the song"Barbie Girl" which contains lyrics like"Life in plastics, it's fantastic" and"I'm a blond bimbo girl in a fantasy world." In tossing out a lawsuit by Mattel, she said, there was no confusion.
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US Supreme Court rules for Jack Daniel's in fight over parody dog toyWASHINGTON (Reuters) -The U.S. Supreme Court on Thursday gave a boost to Jack Daniel's in its trademark dispute with a dog accessory company that sold a parody chew toy resembling the distiller's widely recognized black-label whiskey bottle. The 9-0 decision authored by liberal Justice Elena Kagan threw out a lower court's ruling that the pun-laden 'Bad Spaniels' vinyl chew toy sold by VIP Products LLC is an 'expressive work' protected by the U.S. Constitution's First Amendment. Jack Daniel's Properties Inc is owned by Louisville, Kentucky-based Brown-Forman Corp.
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