Justices Eye Speech-Trademark Test Revamp in Jack Daniel’s Case

The US Supreme Court seems poised to use a case centered on a pun-laden, Jack Daniel’s bottle-shaped “Bad Spaniels” dog toy to rein in a test for trademark use in expressive works—though the exact way they might do so isn’t clear.

The justices during oral arguments Wednesday appeared to reject VIP Products LLC’s bid to leave the balancing test largely undisturbed as a broad gatekeeper before courts analyze the likelihood of consumer confusion for products riffing on others’ marks.

But they also strongly pushed back against the effort of Jack Daniel’s Properties Inc. to shunt the First Amendment concerns aside ...