The Supreme Court ruled unanimously Thursday that a dog toy mimicking the famous Jack Daniel’s whiskey bottle might have infringed — and damaged — the beverage company’s trademark.
The court’s 9-0 ruling tossed a judgment from the 9th U.S. Circuit Court of Appeals ruling in favor of the dog toy company. The federal appeals court had reasoned the dog toy product was a creative work parodying the whiskey bottle and therefore was protected by the First Amendment.
“The only question in this suit going forward is whether the Bad Spaniels marks are likely to cause confusion,” wrote Justice Elena Kagan for the court, which sent the issue back to the lower court for further proceedings. The legislation also has an exception for the fair use of trademarks when parodying a product or company.
The trial court ruled in the whiskey company’s favor, reasoning the product could confuse customers. The 9th Circuit reversed that, saying the toy was expressive work protected by the First Amendment.
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