A rare opening to constitutionally challenge a controversial trademark tarnishment statute vanished for now when a judge ruled a dog toy-maker waived its First Amendment defense against Jack Daniel’s.
The opportunity came a decade-plus into litigation between Jack Daniel’s Properties Inc. and VIP Products LLC. After the whiskey giant’s case was revived by the US Supreme Court, Jack Daniel’s failed to demonstrate VIP’s “Bad Spaniels” toy infringed its trademarks, but still won a ruling of “trademark dilution by tarnishment.”
VIP briefing attacked the validity of the law and District Judge Stephen N. McNamee asked the US government to weigh in. ...
Learn more about Bloomberg Law or Log In to keep reading:
See Breaking News in Context
Bloomberg Law provides trusted coverage of current events enhanced with legal analysis.
Already a subscriber?
Log in to keep reading or access research tools and resources.