Whiskey Bottle Dog Toy

The Ninth Circuit partially vacated a ruling in favor of Jack Daniel’s in a dispute with a dog toy company that produced a chew toy that looked like a bottle of Jack Daniel’s Old No. 7 Black Label Tennessee Whiskey, finding the whiskey company’s trade dress and bottle design were entitled to trademark protection, but the dog toy company used the design to convey a humorous message, which was protected by the First Amendment.

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Ninth Circuit Asked to Time-Travel to Resolve Comic-Con Trademark War

Considering whether to travel back in time 50 years to resolve a trademark question not considered by a jury when it found San Diego Comic-Con’s mark is enforceable, a Ninth Circuit panel on Wednesday questioned whether the term “Comic Con” was generic when first used by the decades-old comic convention.

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