The TTABlog®: Professor McCarthy: "Some Thoughts on the Supreme Court Jack Daniel's Case"

The Supreme Court has ruled on the "Bad Spaniels" case, which involved claims of infringement and dilution of Jack Daniel's trademarks by a dog toy. The Court held that the toy was not entitled to First Amendment protection under the Rogers v. Grimaldi test, as it was used as a trademark. This decision narrows the scope of the Rogers test and raises questions about its future. Lower courts are advised to apply the test cautiously.

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