TBA Law Blog


Posted by: Julia Wilburn on Mar 23, 2023

The U.S. Supreme Court today heard arguments on whether a dog toy, which looks like a bottle of Jack Daniel’s whiskey but carries the words "Bad Spaniels" on the label, violated the Jack Daniel’s trademark or whether it is protected as parody under the First Amendment. At issue is whether humorous products that parody a brand enjoy special protection from trademark claims under the First Amendment, or whether funny knock-offs violate trademark law because they could confuse consumers or disparage the original product. The U.S. Court of Appeals for the 9th Circuit sided with toy maker, ruling that – because the product is a parody – it enjoys special protection from trademark claims. The Tennessean has more details.