The dog toy resembling a JD bottle had the court's justices chuckling as they explored how much protection should be given to those that rip off trademarks they do not own.
A dispute between Jack Daniel's and the makers of a squeaking dog toy that mimics the whiskey's signature bottle with a toilet-themed pun has gone to the US Supreme Court.The poop-themedtoy resembling the bottle of the alcoholic beverage had the court's justices chuckling as they explored how much protection should be given to those that rip off other brands.
During the court case, it was unclear from the arguments whether Jack Daniel's case was on the rocks or whether the makers of the Bad Spaniels were in trouble."Could any reasonable person think that Jack Daniel's had approved this use of the mark?" he asked at one point, suggesting the toy was an unmistakable parody and legally acceptable.
But during the arguments, at least one justice stated that she didn't understand the humour behind the toy and seemed more ready to rule against it.Justice Elena Kagan said:"Maybe I just have no sense of humour. But what's the parody?"
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