Firm for the Culture | Jack Daniels & Fighting Words
Those are fighting words on my block. I am what a Trademark Attorney looks like.
Hello Saints…
You’ve been missed.
This week was one of building and dreaming.
After giving a Trademarks and Economic Empowerment Presentation for the National Coalition of 100 Black Women, I was inspired to craft up more creative ways of teaching intellectual property to diverse communities?
Why?
Because intellectual property is a civil right.
And our diverse contributions to our communities matter.
So let’s jump into the latest trademark tale…
What do Jack Daniels and chewy dog toys have in common?
As of last week, a unanimous trademark decision from the highest court in the land.
In a unanimous decision authored by Justice Kagan on June 8, 2023, the Supreme Court sided with Jack Daniel’s Properties in a trademark dispute over a dog chew toy, amusingly titled "Bad Spaniels," which parodied the famed Jack Daniel’s liquor bottle.
To be sure, the Supreme Court didn't tackle whether VIP Products violated Jack Daniel’s Properties’ trademark rights.
Instead, it clarified that the use of the Bad Spaniels name and product design was a "trademark" use, falling outside the protective umbrella of the First Amendment.
The case has now been kicked back to district court to determine if Bad Spaniels is likely to cause confusion with Jack Daniel’s trademarks.
This case may be about dog toys and whiskey bottles, but the implications run deep.
So, let's sip on three significant takeaways.
Ready?
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A. Bottle Shapes Can Be Trademarks
This case reaffirms that product packaging, shapes, and overall design can secure trademark protection.
It’s a good reminder that trademarks extend beyond logos and taglines; they can encompass the very shape of your product.
In the case of Jack Daniel’s, the Supreme Court noted that VIP Products could not use the First Amendment as a shield while also using the famous Jack Daniel bottle shape as a source identifier.
Or in other words, you can’t hijack my unique and protected bottle shape and then claim first amendment protection:
And it’s not just because I’m from Brooklyn….
Tarnishment, or portraying another company’s brand in an unflattering or negative light, can subject you to a trademark suit where the brand owner claims you’re hurting their business by trying to slander or discredit their reputation.
Indeed, in the Jack Daniel’s case, the whiskey company argued that by having a product that replaces “40% alcohol by volume” with “43% poo,” consumers in the marketplace will then have the mental association of their famous whiskey with…well…poo.
The case underscores the significance of dilution and tarnishment as valid trademark claims.
C. The Parody Defense Lives On
Despite this setback for VIP Products, the parody defense in trademark law is not completely off the table.
So yes, you can still crack jokes about how TMZ is always doing the most:
However, the court emphasized that a claim of parody doesn’t automatically provide a free pass against trademark infringement.
You still have to prove that your humorous spin on another company’s brand doesn’t cause confusion in the marketplace.
While trademarks can help protect your brand, they're also powerful tools to generate revenue, especially for those engaged in social impact work.
If you're a founder or part of an organization making waves in the social impact space, listen up.
We're hosting a workshop on how to leverage your IP for revenue through certification programs. It’s about transforming your IP assets into income generators.
The workshop takes place on July 20, 2023 at 9:00 a.m. PST, 11:00 a.m. CST, and 12:00 p.m. EST, and you can register here.
Don't miss this chance to explore new ways to amplify your social impact while boosting your bottom line.
Remember, trademarks aren't just about protection; they're also about power. They're about claiming space for your brand in a crowded marketplace and asserting your right to make a difference.
So let's raise a glass to informed brand protection, savvy IP strategy, and to those who dare to make a mark.
And we at Firm for the Culture are here to guide, support, and walk alongside you every step of the way.
#ForTheCulture
Ever had a laugh with your brand by using a bit of parody or humor? We'd love to hear how it turned out!
Share in the comments below!
And when you’re ready to protect your unique contribution to the culture, including protecting the bold brand you’re building, reach out to us.
Can’t wait to help you protect your dynamic impact.
And #ThatsAWrap
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See you next time.
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