A federal judge asked the US attorney general to weigh in on the constitutionality of a law barring trademark dilution by tarnishment in a long-running case involving a dog toy shaped like a Jack Daniel’s bottle.
VIP Products wants Merrick Garland’s Justice Department to say banning the use of a mark that “harms the reputation” of a famous brand constitutes unconstitutional viewpoint discrimination, Judge Stephen M. McNamee of the US District Court for the District of Arizona said. The US Supreme Court revived and remanded Jack Daniel’s Properties Inc.'s trademark lawsuit lawsuit against VIP in June 2023, finding the First ...
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