Supreme Court sides with Jack Daniels in trademark fight over poop-themed dog toy
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Washington — The Supreme Court on Thursday sided with whiskey maker Jack Daniels in a dispute with a pet company selling a poop-themed dog chew toy that mimics the brand's iconic square bottle, tossing out a lower court ruling against the drink company.
In an unanimous, narrow decision authored by Justice Elena Kagan, the high court wiped away the lower court ruling from the U.S. Court of Appeals for the 9th Circuit and sent the case, known as Jack Daniel's Properties v. VIP Products LLC, back to the lower courts.
"We hold only that it is not appropriate when the accused infringer has used a trademark to designate the source of its own goods — in other words, has used a trademark as a trademark," Kagan wrote. "That kind of use falls within the heartland of trademark law, and does not receive special First Amendment protection."
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