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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.

SAN FRANCISCO – The Ninth Circuit partially vacated a ruling in favor of Jack Daniel’s in a dispute with a dog-toy company with a chew toy that looks like a bottle of Jack Daniel’s Old No. 7 Black Label Tennessee Whiskey. Though the whiskey company’s trade dress and bottle design are entitled to trademark protection, the dog toy company used the design to convey a humorous message, which the First Amendment protects.

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