It's a brand battle in the Supreme Court this week as whiskey maker Jack Daniel's Properties, Inc. takes on a dog toy manufacturer in a case over free speech and federal trademark law.
that the Jack Daniel's bottle design is protected under trademark law but concluded the humorous approach of VIP was protected by the First Amendment.
"If the case were litigated today, Grey would undoubtedly argue that DOGIVA was intended to be a humorous commentary on the GODIVA® brand and thus was an expressive work, and Ninth Circuit precedent would require the district court to impose a heightened burden on Campbell Soup to show that theThe Distilled Spirits Council of the United States also filed an amicus brief in favor of Jack Daniel's.
The Biden administration also supports a ruling in favor of Jack Daniel's, according to a brief from thethe company's "speech" is "noncommercial."
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