In Jack Daniel's Properties, Inc. v. VIP Products LLC, a unanimous Supreme Court sided with Jack Daniel's and sent dog toy maker VIP Products scurrying away with its tail between its legs.
The U.S. Supreme Court unanimously held that VIP Products' "Bad Spaniels" squeaky dog toy parody of the Jack Daniel's whiskey bottle was not shielded from a claim of trademark.
The Bottom Line - The U.S. Supreme Court recently decided that, when using another’s trademark “as a designation of source for the infringer’s own goods,” one is not.
While the Supreme Court justices felt that artistic expression versus trademark use was cut and dried in n Jack Daniel’s Properties, Inc. v. VIP Products LLC, that is not always the case in litigation focused on NFTs and the Metaverse.