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re: Tennessee whiskey is dog shite

Posted on 3/22/23 at 9:24 am to
Posted by emanresu
Member since Dec 2009
9456 posts
Posted on 3/22/23 at 9:24 am to
The ultimate issue is whether consumers will be confused or deceived by buying the allegedly infringing trademark brand because they think it's the trademark holder's brand.

In my useless opinion, it's a hard sell to convince a court that customers buying a dog toy that looks like a Jack Daniel's bottle are doing so because they thought it was a dog toy branded by the actual Jack Daniels company. To me this is a classic case of trademark parody which is allowable.

Posted by madmaxvol
Infinity + 1 Posts
Member since Oct 2011
19278 posts
Posted on 3/22/23 at 9:42 am to
quote:

To me this is a classic case of trademark parody which is allowable.


When famous brands become the object of the parody, there are legal risks. Is the would-be parodist commenting on the famous brand, or just using it to call attention to their product. Do consumers believe the parody product is made or sponsored by the famous brand owner? Is the parody tarnishing? If the answer to any of these is "yes", then JD could have a successful claim.

Can they show that the toy is insulting/tarnishing their product by referring to it as excrement? Maybe...
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