In a unanimous opinion, the Supreme Court today sided with Jack Daniel’s in an important trademark case regarding a line of dog toys with unsavory themes that imitate well known alcohol brands.
“While this case focused on silly dog toys, the issue of trademark infringement is very serious and this unanimous ruling is a big win for brand owners working hard to responsibly market their products,” said Courtney Armour, Distilled Spirits Council Chief Legal Officer. “The justices fully understood that consumer confusion is a critical point of analysis and should not be circumvented just because something is arguably funny. This ruling ensures that companies will be able to control their trademarks to ensure responsible advertising initiatives are effective and succeed.”
The Distilled Spirits Council of the United States (DISCUS), joined by five other associations representing spirits, beer and wine producers, filed an amicus brief in January with the Supreme Court in support of Jack Daniel’s appeal of the Ninth Circuit’s decision in the case, Jack Daniel’s Properties Inc. v. VIP Products LLC. The amicus brief was filed by the Distilled Spirits Council of the United States, Beer Institute, Brewers Association, American Distilled Spirits Alliance, American Craft Spirits Association and Wine Institute.
