Jack Daniel’s and the makers of a squeaking dog toy that mimics the whiskey’s signature bottle gave the Supreme Court a lot to chew on Wednesday.
Justice Samuel Alito expressed skepticism for Jack Daniel’s arguments. “Could any reasonable person think that Jack Daniel’s had approved this use of the mark?” he asked at one point, suggesting the toy was an unmistakable parody and legally acceptable. Kagan, whose dry wit is often on display in the courtroom and in her writing, suggested the toy is simply an “ordinary commercial product” that is trading on the look of the liquor company’s bottle.
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