The Supreme Court unanimously upheld Jack Daniel’s Thursday’s lawsuit to hold dog toy companies responsible for parodies of their poop-themed products.
The Supreme Court rejected the Ninth Circuit’s ruling that parody is an “expressive work” entitled to First Amendment protection. hold “Trademarks are not considered non-commercial just because they parody the products of others or comment on the products of others,” Justice Elena Kagan wrote to the unanimous court. rice field.
“This lawsuit is about dog toys and whiskey, and the two items seldom appear in the same sentence,” she began. (Related: ‘What’s parody here?’: Supreme Court seems divided in iconic whiskey maker’s lawsuit against ‘poop’-themed dog toy)
On May 4, 2020, the U.S. Supreme Court is holding its first day of oral arguments over the phone in the wake of the novel coronavirus disease (COVID-19), better known as the coronavirus. (Photo credit: SAUL LOEB/AFP)
“We only argue that it is inappropriate for the accused infringer to use a trademark to designate the source of their goods, i.e., use a trademark as a trademark. continued Mr. Cagan. “Such use falls within the core of trademark law and does not enjoy special protection under the First Amendment.”
At the center of the case was a “Bad Spaniel” dog toy parodying Jack Daniel’s Old No. 7 Tennessee Sour Mash Whiskey, mimicking the shape and design of the bottle and sub-titled “Old No. of Tennessee Carpets.” 2” is changed. ”
Jack Daniels wrote simply “We don’t want customers to see a bottle of whiskey and wonder why Jack Daniel’s is talking about dogs pooping on Tennessee carpets,” the company said in court.
During oral argument in March, Judge Elena Kagan asked lawyers claiming VIP Products to explain the joke.
“What’s the parody here?” she asked. “Maybe I just don’t have a sense of humor.”
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