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The U.S. Supreme Court, in a unanimous decision Thursday, sided with Jack Daniel’s in its legal fight with Bad Spaniel, a dog toy maker that parodies the storied whiskey brand.
«We do not decide whether the Rogers test is ever appropriate, or how far the ‘noncommercial use’ exclusion goes,» Justice Elena Kagan wrote for the court, specifying that Thursday’s «opinion is narrow.»
She added: «The use of a mark does not count as noncommercial just because it parodies, or otherwise comments on, another’s products.»
The often-cited Rogers test is a pivotal trademark precedent that allows artists to use another’s trademark as long as it has artistic relevance to their work and provided it does not mislead consumers
Jack Daniel’s, the famous Tennessee whiskey company, tried to stop production and marketing of the dog chew toy.
