For nearly two hours, in an argument punctuated by laughter, the justices wrestled with the intersection of freedom of speech and protection for trademarks in a case pitting a humorous dog toy maker against whiskey maker Jack Daniel's.
For nearly two hours, in an argument punctuated by laughter, the justicesin a case pitting a humorous dog toy maker against American whiskey producer Jack Daniel's.
"They're complaining about the speech, the parody, the comparison to dog poop and a Bad Spaniel, not the mark," VIP Products attorney Bennett Cooper said Wednesday. "Parodies on noncompetitive goods like Bad Spaniels aren't likely to cause confusion." Blatt, backed by dozens of U.S. brands like American Apparel, Campbell Soup Company and Nike, warned that allowing imitations like "Bad Spaniels" would open the floodgates to harmful trademark infringement -- under the justification of "parody" -- including in pornography.
In an image released by the U.S. Supreme Court, a Jack Daniels bottle is shown alongside a Bad Spaniel dog toy.Meanwhile, VIP Products argued that a dog toy is a "noncommercial" form of protected speech -- a distinctive parody, said Cooper, one of their attorneys, because it does not explicitly say "Jack Daniel's."Some on the court did not appear convinced.
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