“Bad Spaniels” lands owner in doghouse

VIP Products sold a “Bad Spaniels” dog toy designed to look like a Jack Daniel’s whiskey bottle.  Following a Jack Daniel’s demand to stop, VIP Products filed a declaratory judgement arguing their parody of Jack Daniel’s bottle was protected fair use.  In Jack Daniel’s Properties Inc. v. VIP Products, the Supreme Court ultimately held parody does not receive special First Amendment protection when an accused infringer “has used a trademark to designate the source of its own goods—in other words, has used a trademark as a trademark.”  The Court explained “[t]he use of a mark does not count as noncommercial just because it parodies, or otherwise comments on, another’s product.”