A while back, I read about this interesting case about Jack Daniels, the alcohol company, suing a Dog Toy Maker for trademark infringement. The dog toy says “Old No. 2 on your Tennessee Carpet”, while the whiskey bottle reads “Old No. 7 Tennessee Sour Mash Whiskey”. The bottle of liquor says “40% alcohol by volume”, while the “Bad Spaniels Silly Squeaker” chew toy reads “43% poo by volume” and “100% Smelly”.
Jack Daniels claims the toy infringes on its trademark, but the toy maker says it is an obvious parody and should be protected as free speech. There are similarities in appearance and it will be interesting to see how the SCOTUS rules.
To learn more, you can read more here: https://www.bbc.com/news/world-us-canada-65043219#
Communications Law