2023-06-08 18:15:48
A baffling matchup in the United States Supreme Court ended Thursday with a clear victory for famed whiskey brand Jack Daniel’s over a scatological joke-loving dog toy maker.
The subject of the debate was a chew toy called “Bad Spaniels”, marketed by the company VIP Products with the visual codes of the famous distillery: square shape, black label, white letters.
All accompanied by a joke of relative taste: where Tennessee whiskey has an alcohol content of 40%, Bad Spaniels are – allegedly – made with “43%” of canine excrement and risk ending up on “the carpets of Tennessee”.
Deploring an attack on its image, the bourbon manufacturer had sued the VIP company in the name of the protection of registered trademarks.
After several twists and turns, the Supreme Court took up the case in order to answer a very serious question.
The nine Sages had to say whether the diversion of a brand for humorous purposes might be considered as falling within the freedom of expression and therefore derogating from the rules on intellectual property.
VIP, which also sells fake cans of “Canine Cola”, took shelter behind the right to parody, which authorizes breaches of copyright in the cultural sphere.
The Supreme Court delivered a final verdict on Thursday. “Use of a trademark cannot be considered non-commercial just because it parodies or more generally comments on another product,” Judge Elena Kagan wrote on behalf of a court. unanimous.
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