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1 April 2020TrademarksRory O'Neill

Ninth Circuit axes Jack Daniel’s TM win on First Amendment grounds

A dog toy based on the design of a bottle of  Jack Daniel’s whiskey could be protected from trademark infringement claims on the grounds of free expression, a US federal court has ruled.

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9 April 2020   In a precedential ruling, the US Court of Appeals for the Federal Circuit has overturned a decision on the protection of colour under trademark law.
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19 October 2022   Parody dog chew at the centre of decision against the whiskey maker | Amicus curie from at least six brands and TM groups, including Campbell Soup, Levis, and INTA.
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23 November 2022   Justices to chew over ‘Bad Spaniels Silly Squeaker’ dog toy | Free expression and parody at issue | TM owners facing “mass confusion” claims the whiskey maker.