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ARTICLE · 26 MARCH 2024

Jack Daniel's Parody Case Ruling – What This Means For Brands

Sideman & Bancroft
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The Supreme Court recently issued its highly anticipated ruling in the Jack Daniel's parody case. A link to the full unanimous decision can be found here.

United StatesIntellectual Property
Michael H. Hewitt
Michael H. Hewitt

The Supreme Court recently issued its highly anticipated ruling in the Jack Daniel's parody case. A link to the full unanimous decision can be found here.

At issue was whether VIP Products' dog toy that resembled a bottle of Jack Daniel's whiskey, but with humorously altered words and graphics, was entitled to fair use protection under the First Amendment. Jack Daniels argued the use of their famous bottle image and other recognizable trade dress components constituted trademark infringement and dilution of Jack Daniel's famous trademarks.

The District Court ruled in favor of Jack Daniel's, but the Ninth Circuit Court of Appeals reversed the decision, focusing on the supposed non-commercial use of the marks on dog toys as giving rise to an exemption from liability, regardless of whether they designated the source of the goods.

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