Jack Daniel's to Supreme Court over trademark infringement
By Ferraiuoli LLC
In March 2020, the US Court of Appeals for the Ninth Circuit ruled that a dog toy did not infringe on the trademarks of Jack Daniel’s.The US Court of Appeals stated that the toy was an “expressive” work which conveyed a humorous message, and thus its use of similar trademarks and branding to Jack Daniel’s was protected by the First Amendment.
The whiskey maker had sued company VIP Products for producing a rubber bottle designed to imitate the classic Jack Daniel’s bottle, with black labels and white text. Instead of ‘Old No. 7’ and the words ‘Tennessee sour mash whiskey’, the toy includes the wording ‘The Old No.2 on your Tennessee carpet’.
After the US Court of Appeals ruling, Jack Daniel’s has logged an appeal with the US Supreme Court to overturn the decision.
