Have you ever seen the Bad Spaniels squeaky toy?
Hilarious— 43% Poo By Volume, 100% Smelly. Would you be confused whether this was a novelty product versus an official Jack Daniels Distillery product? I doubt it.
Jack Daniels claims the Bad Spaniels squeaky infringes on its registered trademarks. A California trial court sided with Jack Daniels, but the 9th Circus Circuit Court of Appeals held the First Amendment trumps trademark law under a test in the Rogers v. Grimaldi case. Rogers describes when one can use a trademark without permission yet be protected by the First Amendment.
Case closed? Heck no. The United States Supreme Court agreed to hear the case and will do something with the Rogers test. Expect the American Kennel Club to file a best friend of the court brief giving Jack Daniels a ruff time.
Until then, you can read the 9th Circus Circuit’s opinion here.