Jack Daniel's took on VIP Products on Wednesday at the Supreme Court over a dog toy that resembles a bottle of whiskey
Blatt, backed by dozens of U.S. brands like American Apparel, Campbell Soup Company and Nike, warned that allowing imitations like "Bad Spaniels" would open the floodgates to harmful trademark infringement -- under the justification of "parody" -- including in pornography.
She raised the '70s pornographic film "Debbie Does Dallas," which an appeals court in a separate case found had infringed the trademark of the Dallas Cowboys Cheerleaders. "Maybe I just have no sense of humor -- but what's the parody?" asked Justice Elena Kagan. She went on to suggest the chew toy is just an "ordinary commercial product" profiting from the likeness of a whiskey brand.
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