Supreme Court to hear trademark dispute case over Jack Daniel's whiskey and poop-themed dog toy
, a law that protects trademark holders if another product is believed to cause confusion among consumers about its origin and whether it's associated with the known trademark.that the clearly humorous product was protected by the First Amendment.
For works of artistic expression, it must be proven that use of the trademark is irrelevant to the work, and that the creator is intentionally misleading consumers into believing the trademark holder is involved. Since that could not be proven in the case of the dog toy, the Ninth Circuit court ruled that it was protected by the First Amendment.
"The Bad Spaniels dog toy, although surely not the equivalent of the Mona Lisa, is an expressive work," Judge Andrew Hurwitz wrote in the ruling. Arguments on the case are set to be heard by the Supreme Court Wednesday, and a decision is expected later this year.Sign up for notifications from Insider! Stay up to date with what you want to know.
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