Author Topic: Jack Daniels vs Bad Spaniels Dog Toys  (Read 176 times)

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Offline koduck

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Jack Daniels vs Bad Spaniels Dog Toys
« on: November 24, 2022, 08:10:38 AM »
Here's an important Supreme Court case every fan of Wacky Packages and parody law should pay close attention to:

https://www.cnbc.com/2022/11/22/supreme-court-to-hear-jack-daniels-trademark-case-against-dog-toy-company.html?qsearchterm=jack%20daniels%20supreme

Offline quas

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Re: Jack Daniels vs Bad Spaniels Dog Toys
« Reply #1 on: November 24, 2022, 09:04:41 AM »
Wow, are we back in 1967 again with Ratz and Cracked Animals?!
Marc

Offline koduck

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Re: Jack Daniels vs Bad Spaniels Dog Toys
« Reply #2 on: November 24, 2022, 10:38:39 AM »
Kind of seems that way! What's really interesting is that "Bad Spaniels" even cites Wacky Packages as an example of current use of parody law.

Offline Joe G.

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Re: Jack Daniels vs Bad Spaniels Dog Toys
« Reply #3 on: November 24, 2022, 12:30:40 PM »
Neil, I am surprised this is still an issue with so much precedent supporting the fair use of IP in parody situations.  We can all remember the huge controversy over ĎSuperduper-Maní that almost derailed the early Mad comics in the 1950s. This is all settled law now and Iím sure we parody artists have nothing to fear, except fear itself, naturally.

Offline koduck

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Re: Jack Daniels vs Bad Spaniels Dog Toys
« Reply #4 on: November 24, 2022, 05:26:22 PM »
Yeah, hopefully reason prevails. But as in so many things, money seems to talk loudest, and these companies have a lot of it! Keep your fingers crossed!

Offline sco(o)t

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Re: Jack Daniels vs Bad Spaniels Dog Toys
« Reply #5 on: November 24, 2022, 08:11:45 PM »
Neil, I am surprised this is still an issue with so much precedent supporting the fair use of IP in parody situations.  We can all remember the huge controversy over ĎSuperduper-Maní that almost derailed the early Mad comics in the 1950s. This is all settled law now and Iím sure we parody artists have nothing to fear, except fear itself, naturally.

Unfortunately, the current Supreme Court doesnít seem that concerned with precedence and established law. Iím a little concerned.
aka Scot Leibacher (no trademark)

Offline Joe G.

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Re: Jack Daniels vs Bad Spaniels Dog Toys
« Reply #6 on: November 24, 2022, 09:08:05 PM »
Scot in looking over the details of the case I donít think itís questioning whether parody is permissible  I think itís whether or not the dog toy is parody or is simply trying to profit off of someoneís elseís IP.  I donít think Wackys or any other artistic expression will be affected in any way by the decision.  Also in the article it says ďIn 2008, VIP Products lost a similar case brought by Budweiser-maker Anheuser-Busch, who sued the company over a toy labeled ďButtWiper.Ē and that didnít affect Wackys at all so I think all is good.
« Last Edit: November 25, 2022, 12:16:35 AM by Joe G. »

Offline bandaches

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Re: Jack Daniels vs Bad Spaniels Dog Toys
« Reply #7 on: November 25, 2022, 06:18:30 AM »
Scot in looking over the details of the case I donít think itís questioning whether parody is permissible  I think itís whether or not the dog toy is parody or is simply trying to profit off of someoneís elseís IP.  I donít think Wackys or any other artistic expression will be affected in any way by the decision.  Also in the article it says ďIn 2008, VIP Products lost a similar case brought by Budweiser-maker Anheuser-Busch, who sued the company over a toy labeled ďButtWiper.Ē and that didnít affect Wackys at all so I think all is good.
Agree, I think this is a non issue for wacky packages.
Contact me at bandaches@yahoo.com as I have tons of wackys for sale!  Visit my website http://www.wackypackage.com/

 

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