Whiskey and dog toys: SCOTUS decision on First Amendment protection for expressive works

The US Supreme Court held that a dog toy parodying Jack Daniel's whiskey bottle is not protected by the First Amendment. The Court disagreed with the lower court's ruling that the toy was an expressive work, stating that humorous content does not automatically grant protection. The Court also dismissed the dilution argument, finding that the use of the marks as source identifiers invalidated the parody exclusion. This decision maintains the existing legal test for trademark infringement in the US.



http://ipkitten.blogspot.com/2023/07/guest-post-whiskey-and-dog-toys-scotus.html

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