Supreme Court Sides With Jack Daniel’s In Trademark Case

The Supreme Court has ruled unanimously in favor of Brown-Forman and Jack Daniel’s in its trademark dispute with VIP Products’ dog toy called “Bad Spaniels, The Old No. 2,” overturning an appeals court ruling that the high court said was erroneous in finding the toy protected under the First Amendment due to its parodic nature.

“Today’s opinion is narrow,” wrote Justice Elena Kagan in the court’s opinion. “We do not decide whether the Rogers test (protecting artistic works on First Amendment grounds) is ever appropriate, or how far the ‘noncommercial use’ exclusion goes. On infringement, we hold only that Rogers does not apply when the challenged use of a mark is as a mark. On dilution, we hold only that the noncommercial exclusion does not shield parody or other commentary when its use of a mark is similarly source-identifying.”

The Distilled Spirits Council of the United States, Beer Institute, Brewers Association, American Distilled Spirits Alliance, American Craft Spirits Association, and Wine Institute joined to file an amicus brief backing Brown-Forman in the case in January.

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