Robert Besser
25 Mar 2023, 05:56 GMT+10
WASHINGTON D.C.: The US Supreme Court will hear a trademark dispute over a dog toy shaped like a Jack Daniel's whiskey bottle, and could redefine the application of constitutional free speech rights to trademark laws.
The court's nine justices are expected to use the case to clarify the line between a parody protected by the US Constitution's First Amendment and a trademark-infringing theft, with repercussions extending beyond the actual case. A ruling is expected by the end of June.
A lower court's decision that Phoenix-based VIP Products LLC's "Bad Spaniels" chew toy is an "expressive work" protected by the First Amendment is being appealed by Jack Daniel's Properties Inc, owned by Louisville, Kentucky-based Brown-Forman Corp.
A ruling against Jack Daniel's could weaken the control of companies over their brands and reputations, some major firms have said, while others stressed that a ruling favoring the whiskey maker would curb free-speech rights.
The Biden White House supports Jack Daniel's appeal.
In a brief, the administration said the 9th Circuit should have applied the normal standard for trademark infringement, whether a product creates a likelihood of confusion, with parody among several factors to consider.
However, VIP's attorney Ben Cooper of the firm Dickinson Wright said, "Every First Amendment case has a spillover effect into other areas. So this cannot be seen as being compartmentalized into the world of trademarks."
"Whenever one person's speech is limited, it gets everyone else nervous," he said in an interview.
Get a daily dose of Knoxville Times news through our daily email, its complimentary and keeps you fully up to date with world and business news as well.
Publish news of your business, community or sports group, personnel appointments, major event and more by submitting a news release to Knoxville Times.
More InformationSACRAMENTO, California: Fast food workers will now receive $20 per hour in California, after the governor signed a fast food ...
BEIJING, China: In a deal worth US$10 billion at list prices this week, state-owned carrier China Eastern Airlines announced that ...
BEIJING, China: This week, China Evergrande Group said its founder and chairman, Hui Ka Yan, is being investigated over suspected ...
RIVERSIDE COUNTY, California: In his opening statement this week in the first U.S. trial over allegations that a car autopilot ...
SEATTLE, Washington: As part of Washington's efforts to stop Big Tech from monopolizing the most lucrative parts of the internet, ...
JEDDAH, Saudi Arabia: As part of Riyadh's efforts to further Saudi Arabia's electrification drive, electric vehicle (EV) maker Lucid announced ...
TALLAHASSEE, Florida: The Florida Lottery said this week that the second-largest lottery winner in U.S. history has come forward to ...
LONDON, UK: This week, the Global Financial Centers index showed that New York remains the world's leading financial center, with ...
KAOHSIUNG, Taiwan: In a significant milestone for its defense capabilities, Taiwan has unveiled its first domestically developed submarine. Although it ...
HONIARA, Solomon Islands: Prime Minister Manasseh Sogavare revealed that he opted out of a Pacific Islands leaders' summit at the ...
SACRAMENTO, California: Intending to raise some US$160 million per year to help prevent gun violence, California Governor Gavin Newsom signed ...
MANILA, The Philippines: The Philippines remains steadfast in its resolve not to yield to Chinese efforts to obstruct its fishermen ...