Poop and parody to be argued at Supreme Court in high-stakes intellectual property dispute

March 19, 2023 at 11:30

Parody, pet poop and product protection will be before the U.S. Supreme Court in a humorous take on a serious subject: when spoofs of well-known commercial brands go too far under federal law.
It is the latest high-profile intellectual property rights case at the Supreme Court.
2 on Your Tennessee Carpet," a play on the Jack Daniel’s phrase "Old No.
And while the Jack Daniel's bottle reveals that it is 40% alcohol by volume, the toy's label playfully indicates that it is "43% Poo by Vol."
Even the attorneys from both sides have tried a light-hearted approach in their briefs with the high court.
"Jack Daniel’s loves dogs and appreciates a good joke as much as anyone.
But Jack Daniel’s likes its customers even more, and doesn’t want them confused or associating its fine whiskey with dog poop," wrote lawyers for the company to the court.
Levi Strauss, Nike and Campbell Soup Company are among those filing amicus briefs in support of Jack Daniel's.
VIP has never sold whiskey or other comestibles, nor has it used 'Jack Daniel’s' in any way (humorously or not).
SUPREME COURT REQUESTS EXTRA SECURITY FUNDING AFTER ALLEGED ASSASSINATION ATTEMPT ON CONSERVATIVE JUSTICEINTELLECTUAL PROPERTY PURSUITSThis is the second high-profile intellectual property case the Supreme Court is addressing this term.
But under the key federal trademark infringement law – known as the Lanham Act – those suing typically must show, among other tings, the offending work or brand "explicitly misleads" or confuses consumers.
The current case is Jack Daniel's Properties v. VIP Products LLC (22-148).
Source