Bloomberg Law
Nov. 20, 2020, 11:00 AM

Jack Daniel’s Seeks to Take Dog Toys Battle to Supreme Court

Kyle Jahner
Kyle Jahner
IP Reporter

Along with weighty matters of state like the presidential election and the future of health care, the U.S. Supreme Court’s tasks could include deciding whether trademark law has an exemption for potty humor.

Jack Daniel’s Properties Inc. is petitioning the high court to reverse a ruling by the U.S. Court of Appeals for the Ninth Circuit that a maker of dog toys could sell one shaped like the company’s familiar whiskey bottles. The appeals court held that VIP Products LLC’s pun-laden chew toy expressed a humorous message, involved the First Amendment, and satisfied the so-called Rogers test for incorporating trademarks into creative works.

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