7”, the arched logo, the stylized label and distinctive bottle, sent a cease and desist letter demanding that VIP Products LLC (“VIP”) stop selling its “Bad Spaniels” chewable dog toy featuring the descriptive phrase “The Old No. (“Jack Daniels”), which owns registered trademarks for “JACK DANIELS”, “OLD NO. 2 On Your Tennessee Carpet” does not receive special First Amendment treatment where the accused infringer used the trademarks at issue to designate the source of its own goods and that, with respect to a Lanham Act dilution by tarnishment claim, “he use of a mark does not count as noncommercial just because it parodies, or otherwise comments on, another’s products.” The Case In the District Court, Ninth Circuit and Oral Argument in the Supreme Court 7 Brand Tennessee Sour Mash Whiskey” into “The Old No.

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Public Services, Infrastructure, Transportation.

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