Robert Besser
23 Nov 2022, 20:10 GMT+10
WASHINGTON D.C.: Jack Daniel's has asked the U.S. Supreme Court to hear its case against the manufacturer of the plastic Bad Spaniels toy, urging justices to take what they say is an important case for trademark law.
In a case supported by other major manufacturers, such as Campbell Soup, Patagonia and Levi Strauss, the high court could decide as soon as this week whether the justices will agree to hear the case.
In court filings, Jack Daniel's claims that Bad Spaniels toy broke the law by mimicking the square shape of its whisky bottle.
The toy retails for $13 to $20 and the packaging notes in small type, stating, "This product is not affiliated with Jack Daniel Distillery."
Lawyer for the toy maker, Arizona-based VIP Products, said Jack Daniel's cannot accept a joke. "It is ironic that America's leading distiller of whiskey both lacks a sense of humor and does not recognize when it, and everyone else, has had enough," the lawyer wrote to the court.
The toy manufacturer told the justices that Jack Daniel's has 'waged war" against the company for "having the temerity to produce a pun-filled parody" of its bottle.
In response, Jack Daniel's lead attorney, Lisa Blatt, said in her filing, "To be sure, everyone likes a good joke. But VIP's profit-motivated 'joke' confuses consumers by taking advantage of Jack Daniel's hard-earned goodwill."
Blatt noted that a lower court decision provides "near-blanket protection" to humorous trademark infringement.
Get a daily dose of Beijing Bulletin news through our daily email, its complimentary and keeps you fully up to date with world and business news as well.
Publish news of your business, community or sports group, personnel appointments, major event and more by submitting a news release to Beijing Bulletin.
More InformationAMSTERDAM, The Netherlands: This week, Dutch competition regulator, the ACM, rejected an appeal by Apple against fines worth €50 million. ...
TOKYO, Japan: Tokyo-based startup Tsubame Industries has developed a four-wheeled robot that resembles the "Mobile Suit Gundam" from the popular ...
DUBLIN, Ireland: Taoiseach Leo Varadkar has said that Intel's new factory in Co Kildare will play a "strategic" role in ...
SEATTLE, Washington: As part of Washington's efforts to stop Big Tech from monopolizing the most lucrative parts of the internet, ...
Starlink will reportedly sell terminals and connectivity kits in several countries on the continentElon Musk's SpaceX will partner with e-commerce ...
Of the many "profound risks to society and humanity" that have tech experts worried about artificial intelligence (AI), the spread ...
AMSTERDAM, The Netherlands: This week, Dutch competition regulator, the ACM, rejected an appeal by Apple against fines worth €50 million. ...
TOKYO, Japan: Tokyo-based startup Tsubame Industries has developed a four-wheeled robot that resembles the "Mobile Suit Gundam" from the popular ...
ISLAMABAD, Pakistan - According to The News, the federal government is considering selling its stake in the Reko Diq project ...
NEW YORK, NEW YORK - U.S. stocks tumbled on Tuesday as interest rates on 10 and 30-year Treasury yields approached ...
DUBLIN, Ireland: The chief medical officer has issued a stark warning regarding the alarming levels of cannabis consumption in Ireland, ...
OAKLAND, California: As their current contract expires and their unions prepare to strike, Kaiser Permanente workers' representatives said, on September ...