'This case is about dog toys and whiskey, two items seldom appearing in the same sentence,'Justice Elena Kagan wrote in the ruling, emphasizing that, while throwing out the lower court's decision, the decision was narrow.
FILE PHOTO: A dog toy called “Bad Spaniels,” shaped like a Jack Daniel's whiskey bottle, is at the center of a trademark dispute that will go before the U.S. Supreme Court in WashingtonWASHINGTON -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 dispute pitted the whiskey brand's trademark rights against legal protections for creative expression - in this case a send-up by Phoenix-based VIP Products of Jack Daniel's Old No. 7 Tennessee whiskey bottle featuring comical dog poop-themed changes like a label reading "the Old No. 2, on your Tennessee Carpet."
Lower courts had ruled in favor of VIP Products after applying what is called the Rogers test, which has allowed artists to lawfully use another's trademark when doing so has artistic relevance to their work and would not explicitly mislead consumers about its source. Kagan wrote that the 9th Circuit erred in applying the test in this case, concluding 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.
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