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The decision is likely to force companies to toe a more careful line when making commercial products that mimic other brands for the sake of parody, legal experts said. The Rogers test is "not appropriate when the accused infringer has used a trademark to designate the source of its own goods - in other words, has used a trademark as a trademark," Justice Elena Kagan wrote. Other experts said the decision leaves space for the First Amendment to apply to parody products. "The likelihood of confusion analysis will still take the challenged product's funny message into account," Brannen said. (This story has been refiled to change dateline to June 12)Reporting by Blake Brittain in WashingtonOur Standards: The Thomson Reuters Trust Principles.

Persons: Brown, Forman, Jack Daniel's, Rogers, infringer, Elena Kagan, Kagan, Megan Bannigan, Plimpton, Bannigan, VIP, Doug Masters, Loeb & Loeb, Masters, Alexandra Roberts, Roberts, Elizabeth Brannen, Maher, Brannen, Blake Brittain Organizations: U.S, Supreme Court, Constitution, VIP Products, MCA Records, Mattel, Debevoise, Loeb &, Northeastern University, Stris, Thomson Locations: Danish, Washington

Jack Daniel's Properties Inc is owned by Louisville, Kentucky-based Brown-Forman Corp (BFb.N). The dispute pitted the whiskey brand's trademark rights against legal protections for creative expression - in this case a send-up by Phoenix-based VIP Products of Jack Daniel's Old No. Jack Daniel's spokesperson Svend Jansen said the company was pleased with the decision. "Jack Daniel's is a brand recognized for quality and craftsmanship, and when friends around the world see the label, they know it stands for something they can count on. Circuit Court of Appeals in 2020 ruled in favor of VIP Products on two grounds.

Persons: Jack, Read, Jack Daniel's, Elena Kagan, Brown, Kagan, Svend Jansen, Jansen, Ginger Rogers, Ginger, Fred, Federico Fellini, Fred Astaire, Rogers, infringer, Joe Biden's, John Kruzel, Andrew Chung, Will Dunham Organizations: U.S, Supreme, VIP Products, Inc, Forman Corp, VIP, Rogers, New, Circuit, Appeals, Hollywood, Thomson Locations: Washington, WASHINGTON, Louisville , Kentucky, Phoenix, Tennessee, New York, San Francisco

☆ Jack Daniel’s Tangles With Dog Toy at Supreme Court
▼ + stars: | 2023-03-22 | by ( Jess Bravin | ) www.wsj.com time to read: 1 min

A bottle of Jack Daniel’s Tennessee Whiskey next to a ‘Bad Spaniels’ dog toy. WASHINGTON—A trademark case put the Supreme Court’s humor to the test Wednesday, as the justices heard a distillery’s plea to stop a novelty company from selling a dog toy shaped like a bottle of Jack Daniel’s. Phoenix-based VIP Products LLC markets squeaky toys that mimic beverage bottles, including a 10-inch-tall item with a black label reading “Bad Spaniels: The Old No. Among those unamused was Brown-Forman Corp.’s Jack Daniel’s Properties unit, which produces Jack Daniel’s Old No. 7 Brand Tennessee Sour Mash Whiskey.

WASHINGTON, March 22 (Reuters) - The U.S. Supreme Court on Wednesday is set to hear a trademark clash between Jack Daniel's and a dog accessory company behind a parody chew toy resembling the distiller's widely recognized black-label whiskey bottle. The dispute pits the whiskey brand's trademark rights against legal protections for creative expression - in this case a send-up by Phoenix-based VIP Products LLC of Jack Daniel's Old No. A 2,300-strong group of authors took the opposite view, saying a win for Jack Daniel's could lead to a "catastrophic chilling effect" over worries that creative expression might spark litigation. The 9th Circuit said the Bad Spaniels toy was an "expressive work" and thus potentially shielded under the First Amendment from Jack Daniel's trademark infringement claim. President Joe Biden's administration supports Jack Daniel's appeal.

Jack Daniel's Properties Inc is owned by Louisville, Kentucky-based Brown-Forman Corp (BFb.N). "I'm concerned about the First Amendment implications of your position," conservative Justice Samuel Alito told an attorney for Jack Daniel's, referring to the constitutional provision enshrining free-speech protections. "Could any reasonable person think that Jack Daniel's had approved this use of the mark?" Jack Daniel's also contested a finding by the San Francisco-based 9th U.S. "This is a standard commercial product," Kagan told a lawyer for VIP Products, Bennett Cooper.

Some companies have expressed concern that a ruling against Jack Daniel's would weaken their control over their brands and reputations. The toy mimics Lynchburg, Tennessee-based Jack Daniel's famous whiskey bottles with humorous dog-themed alterations - replacing "Old No. "Jack Daniel's loves dogs and appreciates a good joke as much as anyone," the company told the justices in a brief. "But Jack Daniel's likes its customers even more, and doesn't want them confused or associating its fine whiskey with dog poop." VIP Products has said a ruling favoring Jack Daniel's would make it easier for trademark owners to stifle free speech.

☆ Brown-Forman misses quarterly profit estimates as costs weigh
▼ + stars: | 2023-03-08 | by ( ) www.reuters.com time to read: +1 min

March 8 (Reuters) - Brown-Forman Corp (BFb.N) missed Wall Street expectations for third-quarter profit on Wednesday, as the Jack Daniel's whiskey maker struggled to keep a tight lid on costs. Spirit makers such as Brown-Forman have had to raise prices to shield their margins from soaring transportation and input costs. The company's selling, general and administrative expenses rose 14% to $186 million in the quarter. On an adjusted basis, the company earned 25 cents per share, missing analysts' average estimate of 47 cents, according to Refinitiv data. The Louisville, Kentucky-based company's quarterly revenue rose 4.2% to $1.08 billion, edging past analysts' expectations of $1.01 billion.

☆ Stocks making the biggest moves midday: Stitch Fix, Tesla, WeWork, Campbell Soup and more
▼ + stars: | 2023-03-08 | by ( Tanaya Macheel | ) www.cnbc.com time to read: +3 min

United Natural Foods — The organic food company tumbled 27% after posting earnings for its fiscal second quarter that missed analyst expectations. Stitch Fix — The styling company saw shares drop 10% after it reported weaker-than-expected revenue for the latest quarter as well as a wider-than-forecast loss. The Omaha-based conglomerate bought nearly 5.8 million shares of the oil company in a few trades on Friday, Monday and Tuesday, bumping Berkshire's ownership to 22.2%. Campbell Soup Company — Campbell Soup saw shares rise nearly 2% after its fiscal second quarter earnings, revenue and margins beat analysts' expectations. The company's revenue also topped expectations, coming in at $637 million compared to $625 million anticipated by Refinitiv analysts.

Phoenix-based VIP's toy mimics the design of the Jack Daniel's bottle with comical dog-themed text alterations, like replacing "Old No. After Jack Daniel's sent a cease-and-desist notice, VIP asked an Arizona federal court in 2014 to rule that its toy did not infringe the whiskey company's trademark rights. Circuit Court of Appeals in 2020 overturned a judge's ruling in favor of Jack Daniel's, finding that VIP's toy was a creative work with a "humorous message" that was entitled to First Amendment protections. The Supreme Court last year rejected a request by Jack Daniel's to reconsider that ruling. Jack Daniel's told the high court that the decision made it "virtually impossible to stop misleading or tarnishing use of a mark whenever a copycat deploys 'humor.'"

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