Jack Daniel’s Tells SCOTUS Rogers Test is Unworkable, U.S. Brands’ Identities Are at Risk
IP Watchdog
MARCH 11, 2023
Jack Daniel’s Properties, Inc. filed its reply brief with the U.S. Supreme Court on Friday, March 10, in a major trademark case set to be argued on March 22. The brief contends that the country’s most popular brands are at risk of losing their brand identity if the Court affirms the U.S. Court of Appeals for the Ninth Circuit’s view that a poop-themed dog toy mimicking Jack Daniel’s Whiskey bottle is an expressive work entitled to First Amendment protection.
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