This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Jack Daniel's Properties, Inc. v. VIP Products LLC

Ruling by

Elena Kagan

Lower Court

9th U.S. Circuit Court of Appeals

Lower Court Judge

Andrew D. Hurwitz

concurring Judge(s)

Sonia Sotomayor
Neil M. Gorsuch
While dog toy company used Jack Daniel's trademarked bottle design and logo in a humorous way, their chew toy was not an "expressive work" that avoided analysis of consumer confusion.



To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Already a subscriber?

Sign up for Daily Journal emails