商標登録出願の案内

SCT favored Jack Daniel over dog toy dispute

Today the U.S. Supreme Court ruled in favor of Jack Daniel’s in a dispute over a humorous squeaky dog toy called “Bad Spaniels.” The Court remanded the case to the Ninth Circuit to reconsider the trademark infringement and dilution claims, holding that because VIP Products used “Bad Spaniels” as a trademark: (1) the Rogers test for artistic works (discussed below) does not apply; and (2) the noncommercial use exclusion – that exempts parody from dilution – also does not apply. 

情報源: Trademark Infringement is No Joke!: Jack Daniel’s Properties, Inc. v. VIP Products LLC | Ward and Smith, P.A. – JDSupra

Supreme Court hears trademark case involving Jack Daniel’s and dog toys, 4:38

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