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. 
Ferraiuoli LLC

Ferraiuoli LLC (FLLC) was founded in 2003 by the late Blas Ferraiuoli-Martínez, Eugenio Torres-Oyola and María Marchand-Sánchez. This group was then joined in 2004 by Fernando J. Rovira-Rullán, thus forming the founding core of FLLC. FLLC has grown exponentially since its founding from a law firm with three attorneys and a support staff of three to its current size of 54 attorneys with a support staff of 38. Also, FLLC has grown from initially being known as an intellectual property and corporate law boutique law firm to a multiservice law firm that handles most matters relevant to a business while continuing to earn praise for its leading intellectual property and corporate practices.

FLLC has been ranked as a leading law firm in Puerto Rico by the professional publication Chambers Latin America in intellectual property, corporate, bankruptcy, labor & employment, real estate, and tax law. Moreover, 17 FLLC partners have been ranked as leaders in their field by the same publication. 4 FLLC partners are ranked as leaders in Intellectual Property, no other firm has more than 2. This recognition in such a short period of time is a tribute to FLLC’s business model.

FLLC prides itself in doing its work faster and more cost-efficiently yet with the same quality as that of its main competitors. The founding name partners are available at all times to attend to client matters. Their work ethic sets the tone for the rest of the firm. FLLC’s founders’ goal has been steady from the outset: become one of the premier multiservice law firms in Puerto Rico.

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