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Thread: trademark infringement dispute

  1. #1
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    Default trademark infringement dispute

    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.

    The justices will hear oral arguments Wednesday in an appeal from distiller Jack Daniel's, which is suing to stop an Arizona company from selling plastic dog toys that look similar to its iconic whiskey labels and bottles.

    "Jack Danielís loves dogs and appreciates a good joke as much as anyone. But Jack Danielís likes its customers even more, and doesnít want them confused or associating its fine whiskey with dog poop," wrote lawyers for the company to the court.

    https://news.yahoo.com/poop-parody-a...113042380.html

    Squeaky toy behind the case. Would this make you confuse whiskey and dog poop?


  2. #2
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    Default Re: trademark infringement dispute

    Never confused dog poop with Jack. Dog psss is another matter . . .

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    Default Re: trademark infringement dispute

    The distiller deserves to lose in my humble opinion.

  4. #4
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    Default Re: trademark infringement dispute

    Quote Originally Posted by johnw View Post
    The distiller deserves to lose in my humble opinion.
    Whiskey Fungus Fed by Jack Danielís Encrusts a Tennessee Town

    https://www.nytimes.com/2023/03/01/u...tennessee.html
    Simpler is better, except when complicated looks really cool.

  5. #5
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    Default Re: trademark infringement dispute

    I'll argue for the distiller. The dog toy is playing on their brand and very arguably reducing it's value by associating it with a dog taking a dump on the carpet. Were it not for the money JD puts into advertising and branding the dog toy would not sell at all. The dog toy people are profiting from the hard work and spending of the JD people. That is not entirely right.
    Yachting, the only sport where you get to be a mechanic, electrician, plumber and carpenter

  6. #6
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    Default Re: trademark infringement dispute

    Jack Daniels is mass produced heavily marketed marginal Whiskey, not "Fine Whiskey"
    Dog piss is about right

  7. #7
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    Default Re: trademark infringement dispute

    I think I have to agree with Tom Hunter. They could have sold a JD dog toy that wasn't as poop-oriented, and everyone would have a good laugh, the dog toy people would benefit from JD's marketing and everyone would be happy. This is a bit over the top.

    As for the quality of the booze: I prefer Scotch, single malt for sure, and have had some good times with rye (Canadian whisky to you folks on the other side of the 49th). But one of my most memorable times was killing a mickey of Jack with the grandfather of a friend of mine, an old time mechanic, logging truck designer and builder, with a 1000 stories to tell, and the tongue of his Irish forebears. I brought the booze, of course, I wish I had brought him a lot more. I honour him highly.

  8. #8
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    Default Re: trademark infringement dispute

    Recognise Central Perk from anywhere?



    Previous owner did that. We've never got around to taking it down... but I will sometime soon. We got a lawyer snooping around pre-Covid but never heard anything of it. She'd even got the pink lounge setting in to go in theme, but we delivered that to a charcoal factory that had loads of homeless people camping in a tin shed there during Covid

  9. #9
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    Default

    Quote Originally Posted by Canoeyawl View Post
    Jack Daniels is mass produced heavily marketed marginal Whiskey, not "Fine Whiskey"
    Dog piss is about right

    If you want quality whisky, George Dickel's No. 12 Tennessee Sour Mash is your friend.

    Gives much more expensive bourbons a run for their money, just as Laird's Straight Apple Brandy (100į, bottled in bond) gives far more expensive Calvados and other apple brandies a run for their money.
    You would not enjoy Nietzsche, sir. He is fundamentally unsound. ó P.G. Wodehouse (Carry On, Jeeves)

  10. #10
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    Default Re: trademark infringement dispute

    How duz this reach SCOTUS ?

  11. #11
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    Default Re: trademark infringement dispute

    Regular Jack is blah. I was given a bottle of their 25 YO "Special" that's quite good. Goes for silly money though.

    While the dog toy is a bit over the top, the suit is as well & I'm with Bruce - how does this reach the SCOTUS? Don't they have gun restrictions or pro-choice statutes to overturn?
    "If it ain't broke, you're not trying." - Red Green

  12. #12
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    Default Re: trademark infringement dispute

    Quote Originally Posted by Tom Hunter View Post
    I'll argue for the distiller. The dog toy is playing on their brand and very arguably reducing it's value by associating it with a dog taking a dump on the carpet. Were it not for the money JD puts into advertising and branding the dog toy would not sell at all. The dog toy people are profiting from the hard work and spending of the JD people. That is not entirely right.
    Parody is allowed under the Fair Use doctrine — and expressing dislike for a product is protected free speech. How this got to the USSC is beyond me.
    You would not enjoy Nietzsche, sir. He is fundamentally unsound. ó P.G. Wodehouse (Carry On, Jeeves)

  13. #13
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    Default Re: trademark infringement dispute

    @Nicholas The Yahoo article did not address what I think is the heart of this, is the dog toy making money due to it's own merits or because of the hard work of someone else who built a trade marked brand. Also, because of the poo reference could a reasonable person think that the dog toy disparages the product.

    The dog toy people are using the parody argument. That argument may by why this came to SCOTUS. There are issues of free speech in this case, but also issues of ownership and damages.

    The briefs from both sides will be interesting reading.
    Yachting, the only sport where you get to be a mechanic, electrician, plumber and carpenter

  14. #14
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    Default Re: trademark infringement dispute

    As a tangent, I got some local whisky the other day made by veterans. It's pretty good, not great, but I like the idea.
    "Where you live in the world should not determine whether you live in the world." - Bono

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  15. #15
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    Default Re: trademark infringement dispute

    Quote Originally Posted by Lugs View Post
    Recognise Central Perk from anywhere?
    Yes, but where is the fountain?
    "Where you live in the world should not determine whether you live in the world." - Bono

    "Live in such a way that you would not be ashamed to sell your parrot to the town gossip." - Will Rogers

    "Those are my principles, and if you don't like them... well, I have others." - Groucho Marx

  16. #16
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    Default Re: trademark infringement dispute

    I'm surprised that there is enough money in dog toys to finance a Supreme Court case.
    There is nothing quite as permanent as a good temporary repair.

  17. #17
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    Default Re: trademark infringement dispute

    Quote Originally Posted by Tom Hunter View Post
    I'll argue for the distiller. The dog toy is playing on their brand and very arguably reducing it's value by associating it with a dog taking a dump on the carpet. Were it not for the money JD puts into advertising and branding the dog toy would not sell at all. The dog toy people are profiting from the hard work and spending of the JD people. That is not entirely right.
    ok that sounds reasonable. Make it art. Sell prints, gifs, emojis. My old lab would have decimated it in seconds to days depending on the material.

  18. #18
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    Default Re: trademark infringement dispute

    Quote Originally Posted by Stiletto View Post
    I'm surprised that there is enough money in dog toys to finance a Supreme Court case.
    I guess pet toy industry lobbiests aren’t paid a lot.

  19. #19
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    Default Re: trademark infringement dispute

    My biker buddies always insisted on a JD shot when we went into a bar. Could never understand why until I realized that they were following a preconceived notion that what was to be done. I couldn't stand the taste, I'm a beer guy, and most times I would pour it on the floor rather than drink it...Thank goodness my girlfriend, now 31 yr wife, told me not to be stupid enough to join their motorcycle club!

  20. #20
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    Default Re: trademark infringement dispute

    I wonder if this chit's any good?
    I've had it about ten years...

    5873EB93-40B8-439C-8223-5EE1EF3F4841.jpg

  21. #21
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    Default Re: trademark infringement dispute

    [QUOTE=Canoeyawl;6822375] I wonder if this chit's any good? I've had it about ten years...

    There's only one way to find out!
    There is nothing quite as permanent as a good temporary repair.

  22. #22
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    Default Re: trademark infringement dispute

    Quote Originally Posted by Canoeyawl View Post
    I wonder if this chit's any good?
    I've had it about ten years...
    Has it left oil spots/rings on the shelf?

    Note that this was asked by a person who's owned many Brit bikes and cars...
    "If it ain't broke, you're not trying." - Red Green

  23. #23
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    Default Re: trademark infringement dispute

    Quote Originally Posted by Stiletto View Post
    I'm surprised that there is enough money in dog toys to finance a Supreme Court case.
    Apparently there's not enough money in dag removal from dogs to be able to afford to buy a newspaper these days.
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