Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Supreme Court's 'Bad Spaniels' Decision Didn't Overturn Rogers, But …

By Brad Kutner
July 01, 2023

In a win for trademark holders, the U.S. Supreme Court offered a narrow ruling in the dispute involving "dog toys and whiskey." Trademark-rights attorneys praised the Supreme Court's justices for the decision in Jack Daniel's Properties Inc v. VIP Products LLC, 22-148, which offered a rare mix of constitutional and trademark law, though easing for now the fears of content creators that refer to pre-existing marks.

Writing for the unanimous court, Justice Elena Kagan stated that "consumer confusion about source — trademark law's cardinal sin — is most likely to arise when someone uses another's trademark as a trademark."

The High Court sided with Jack Daniel's, saying VIP Products' "Bad Spaniels Silly Squeaker" dog chew toy borrowed too much from — and failed to properly parody — the Tennessee distillery's well-known bottle. "Bad Spaniels is about the same size and shape as an ordinary bottle of Jack Daniel's. The faux bottle, like the original, has a black label with stylized white text and a white filigreed border," Justice Kagan explained, calling Jack Daniel's trademarked look the product's "source identification."

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Fresh Filings Image

Notable recent court filings in entertainment law.