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 Europe Sun 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 Europe Sun.
More InformationTOKYO, Japan: To counter the declining national birthrate, Japan's Prime Minister Fumio Kishida pledged to double spending over the next ...
WASHINGTON D.C.: Reuters has reported that on 7th June, former Vice President Mike Pence will enter the race for the ...
PYONGYANG, North Korea: North Korea attempt failed to launch a satellite on May 31, which prompted raid sirens and a ...
HONG KONG, China: Describing the lack of women in China's top leadership as concerning, the United Nations has recommended the ...
BEIJING, China: Amid its rivalry with the US for reaching new milestones in space, reflecting their competition for global influence, ...
WASHINGTON D.C.: A Transportation Security Administration (TSA) report released this week revealed that over the Memorial Day weekend, the start ...
WASHINGTON D.C.: The Pentagon said this week that the satellite communications service started by billionaire Elon Musk, SpaceX's Starlink, has ...
CHARLESTON, South Carolina: During a media tour this week at Boeing's facilities in Charleston, South Carolina, company CEO Dave Calhoun ...
MENLO PARK, California: Facebook parent company Meta Platforms has said it would remove news content in California if the state ...
BRUSSELS, Belgium: EU tech chief Margrethe Vestager has said that a draft code of conduct on artificial intelligence (AI) could ...
MOSCOW, Russia: After a turbulent 15 months of store closures and declining demand, Russian designers and brands are assisting the ...
WASHINGTON D.C.: The Federal Communications Commission (FCC) has said that more than 8.3 million US homes and businesses do not ...