Absolute Confusion: Did The Supreme Court Blunder In Raising The Bar For Trademark Parodies In Jack Daniel’s?
In Jack Daniel's v. VIP Products, the U.S. Supreme Court was asked to decide whether a chewable "Bad Spaniels" dog toy shaped like a bottle of Jack Daniel's whiskey violated Jack Daniel's trademark rights. VIP claimed its dog toy was First Amendment free speech under the Rogers test—which protects unauthorized trademark use if the use is artistically relevant and not explicitly misleading. But the Court unanimously rejected VIP's argument and held that Rogers does not apply when the challenged mark [...]