Cases and Controversies

Jack Daniel's and Bad Spaniels Spat to Hit High Court

03.10.2023 - By Bloomberg LawPlay

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The Jack Daniel’s brand is at the heart of the US Supreme Court’s latest intellectual property dispute that pits free speech protections against trademark concerns.

Debevoise & Plimpton’s Megan K. Bannigan joins “Cases and Controversies” in search of a middle ground for the justices ahead of arguments March 22.

The Tennessee whiskey company says pet toy maker VIP Products is tarnishing its brand with potty-themed dog toys called “Bad Spaniels.”

“Jack Daniel’s loves dogs and appreciates a good joke as much as anyone,” the company said in its brief. “But Jack Daniel’s likes its customers even more, and doesn’t want them confused or associating its fine whiskey with dog poop.”

Hosts: Kimberly Robinson and Greg Stohr

Guest: Megan K. Bannigan, Debevoise & Plimpton

Producer: Matthew S. Schwartz

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