trademark - BourbonSphere

Supreme Court to Rule on “Bad Spaniel’s” Trademark Lawsuit

Mark Gillespie / March 22, 2023

March 22, 2023 – In a nearly 90-minute hearing punctuated with laughter, the United States Supreme Court heard oral arguments in a lawsuit over whether a “Bad Spaniel’s” dog toy violates the trademark protection Jack Daniel’s has for its whisky bottles. The lawsuit (Jack Daniel’s Properties, Inc v. VIP Products) filed by Jack Daniel’s owner Brown-Forman claims the dog toy creates consumer confusion, while the poop-themed toy’s maker argues it falls within legal exceptions for parodies. The Supreme Court agreed to take the case after VIP Products won an appeals court ruling when the court used a standard defining when Read More »

Sipp’n Corn Bourbon Law Update – Jack Daniel’s v. “Bad Spaniels” Dog Toy.

Brian Haara / February 1, 2023

Ever since Old Crow and Old Taylor aggressively protected their trademarks in the 1800’s, setting the stage for current-day trademark law, whiskey has kept trademark attorneys busy. Brown-Forman’s Jack Daniel’s brand and VIP Products’ “Bad Spaniels” dog toy now have the opportunity to establish…

Sipp’n Corn Book Review – Lawyerly Libations

Brian Haara / December 11, 2022

I found a new book to add your personal collection or holiday gift list—Lawyerly Libations, Concoctions for the Counselor, Apéritifs for the Attorney, Elixirs for the Esquire, and Additional Alcoholic Anecdotes: A Cocktail Compilation for the Burgeoning Barrister’s Bar, by Michael J. McCormick. While…

Sipp’n Corn Bourbon Law Update – Bulleit forces a redesign for Redemption.

Brian Haara / September 12, 2022

Ever since Old Crow and Old Taylor aggressively protected their trademarks in the 1800’s, setting the stage for current-day trademark law, bourbon brands have kept trademark attorneys busy. Diageo’s Bulleit brand and W.J. Deutsch & Sons’ Redemption brand have been locked in litigation for…

Mariah Carey’s Black Irish Banned From The EU

Alex Bean / November 30, 2021

American singer Mariah Carey will not be able to sell her cream liqueur Black Irish under that name in the European Union (EU) after losing a trademark battle to Dublin-based Darker Still Spirits Company, who began work on their Black Irish whiskey-and-stout-spirit drink in 2018, purchased the UK and EU trademark in January 2020 and […]