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       #Post#: 173544--------------------------------------------------
       Supreme Court is going to the dogs
       By: Lurknomore Date: March 22, 2023, 9:17 am
       ---------------------------------------------------------
       I’m so glad our top lawmakers are doggedly focusing on important
       issues!
  HTML https://www.npr.org/2023/03/22/1162692739/supreme-court-jack-daniels
       #Post#: 173609--------------------------------------------------
       Re: Supreme Court is going to the dogs
       By: animaniactoo Date: March 22, 2023, 11:00 am
       ---------------------------------------------------------
       As someone who works with IP and trademarked art, this is
       actually an important legal issue.
       I don't think that VIP should prevail, and hope that they don't.
       #Post#: 173630--------------------------------------------------
       Re: Supreme Court is going to the dogs
       By: kkt Date: March 22, 2023, 12:10 pm
       ---------------------------------------------------------
       [quote author=animaniactoo link=topic=1815.msg173609#msg173609
       date=1679500810]
       As someone who works with IP and trademarked art, this is
       actually an important legal issue.
       I don't think that VIP should prevail, and hope that they don't.
       [/quote]
       I think it says something about Jack Daniels that its distillers
       are afraid people will confuse it with poop.
       #Post#: 173635--------------------------------------------------
       Re: Supreme Court is going to the dogs
       By: Thetis099 Date: March 22, 2023, 12:19 pm
       ---------------------------------------------------------
       [quote author=kkt link=topic=1815.msg173630#msg173630
       date=1679505010]
       [quote author=animaniactoo link=topic=1815.msg173609#msg173609
       date=1679500810]
       As someone who works with IP and trademarked art, this is
       actually an important legal issue.
       I don't think that VIP should prevail, and hope that they don't.
       [/quote]
       I think it says something about Jack Daniels that its distillers
       are afraid people will confuse it with poop.
       [/quote]
       Some of us do that already.   Their product certainly tastes
       like shit to me.  Sour mash whiskey tastes and smells so gross!
       Ew.
  HTML https://media0.giphy.com/media/fLv9nRvxmhxB9r6Pnk/200.gif
       #Post#: 173637--------------------------------------------------
       Re: Supreme Court is going to the dogs
       By: animaniactoo Date: March 22, 2023, 12:23 pm
       ---------------------------------------------------------
       [quote author=kkt link=topic=1815.msg173630#msg173630
       date=1679505010]
       [quote author=animaniactoo link=topic=1815.msg173609#msg173609
       date=1679500810]
       As someone who works with IP and trademarked art, this is
       actually an important legal issue.
       I don't think that VIP should prevail, and hope that they don't.
       [/quote]
       I think it says something about Jack Daniels that its distillers
       are afraid people will confuse it with poop.
       [/quote]
       I'm fairly sure - given what I know of arguments around
       protection of IP, that was a reductio ad absurdum of the
       argument that was actually made.
       I suspect the actual argument was something more along the lines
       of "We are concerned that people might think we are willing to
       support selling fake poop under our name".
       Among one of the important arguments here is that JD can and
       does use their own IP in licensing agreements, and having
       someone out there selling product that uses enough of their IP
       to be recognizable without a licensing agreement and all the
       income that comes from that, weakens their ability to control
       their IP usage and license it for their own benefit.
       In that game, Brands place strong consideration on what items
       they will allow their IP to be use on, as part of upholding the
       reputation and public perception of the Brand.
       To wit: A line of Disney Princess™ lingerie or fuzzy handcuffs
       might be a big winner in the sales market. But as much as Disney
       will license their IP for loads of products - that will never be
       one. They don't want the association.
       #Post#: 173661--------------------------------------------------
       Re: Supreme Court is going to the dogs
       By: billieryder Date: March 22, 2023, 1:01 pm
       ---------------------------------------------------------
       [quote author=animaniactoo link=topic=1815.msg173637#msg173637
       date=1679505835]
       [quote author=kkt link=topic=1815.msg173630#msg173630
       date=1679505010]
       [quote author=animaniactoo link=topic=1815.msg173609#msg173609
       date=1679500810]
       As someone who works with IP and trademarked art, this is
       actually an important legal issue.
       I don't think that VIP should prevail, and hope that they don't.
       [/quote]
       I think it says something about Jack Daniels that its distillers
       are afraid people will confuse it with poop.
       [/quote]
       I'm fairly sure - given what I know of arguments around
       protection of IP, that was a reductio ad absurdum of the
       argument that was actually made.
       I suspect the actual argument was something more along the lines
       of "We are concerned that people might think we are willing to
       support selling fake poop under our name".
       Among one of the important arguments here is that JD can and
       does use their own IP in licensing agreements, and having
       someone out there selling product that uses enough of their IP
       to be recognizable without a licensing agreement and all the
       income that comes from that, weakens their ability to control
       their IP usage and license it for their own benefit.
       In that game, Brands place strong consideration on what items
       they will allow their IP to be use on, as part of upholding the
       reputation and public perception of the Brand.
       To wit: A line of Disney Princess™ lingerie or fuzzy handcuffs
       might be a big winner in the sales market. But as much as Disney
       will license their IP for hoards of products - that will never
       be one. They don't want the association.
       [/quote]
       And I think they can legitimately lose control of their branding
       if they let infringements go uncontested.  I know that companies
       have lost trademarks when their trademark became part of our
       everyday vernacular.  I believe Kleenex might have been one?
       #Post#: 173740--------------------------------------------------
       Re: Supreme Court is going to the dogs
       By: Lurknomore Date: March 22, 2023, 6:55 pm
       ---------------------------------------------------------
       I searched Jack Daniels dog toys and found at least 6 others…
       here’s one at Walmart…
  HTML https://www.walmart.com/ip/Jack-Russel-s-Woof-Woof-Whiskey-Dog-Toy/1082620152?wmlspartner=wlpa&selectedSellerId=4345&adid=222222222271082620152_140645881894_18500529298&wl0=&wl1=g&wl2=c&wl3=625930419767&wl4=pla-1808742982269&wl5=9033594&wl6=&wl7=&wl8=&wl9=pla&wl10=113943149&wl11=online&wl12=1082620152&veh=sem&gclid=EAIaIQobChMIrPWe6d3w_QIVMxXUAR2NuwhUEAQYCCABEgL56_D_BwE
       #Post#: 173741--------------------------------------------------
       Re: Supreme Court is going to the dogs
       By: Lurknomore Date: March 22, 2023, 6:56 pm
       ---------------------------------------------------------
       [quote author=kkt link=topic=1815.msg173630#msg173630
       date=1679505010]
       [quote author=animaniactoo link=topic=1815.msg173609#msg173609
       date=1679500810]
       As someone who works with IP and trademarked art, this is
       actually an important legal issue.
       I don't think that VIP should prevail, and hope that they don't.
       [/quote]
       I think it says something about Jack Daniels that its distillers
       are afraid people will confuse it with poop.
       [/quote]
       Poop 💩 is better for you than JD.
       #Post#: 173747--------------------------------------------------
       Re: Supreme Court is going to the dogs
       By: acl-ny Date: March 22, 2023, 7:12 pm
       ---------------------------------------------------------
       Considering that Jack Daniels already licenses dog-related
       products, I think they have a chance of winning this. There
       could easily be confusion among consumers as to who owns and
       profits from the product.
       * I am not a trademark lawyer, but have worked with some in the
       past.
       #Post#: 173753--------------------------------------------------
       Re: Supreme Court is going to the dogs
       By: animaniactoo Date: March 22, 2023, 8:15 pm
       ---------------------------------------------------------
       [quote author=Lurknomore link=topic=1815.msg173740#msg173740
       date=1679529329]
       I searched Jack Daniels dog toys and found at least 6 others…
       here’s one at Walmart…
  HTML https://www.walmart.com/ip/Jack-Russel-s-Woof-Woof-Whiskey-Dog-Toy/1082620152?wmlspartner=wlpa&selectedSellerId=4345&adid=222222222271082620152_140645881894_18500529298&wl0=&wl1=g&wl2=c&wl3=625930419767&wl4=pla-1808742982269&wl5=9033594&wl6=&wl7=&wl8=&wl9=pla&wl10=113943149&wl11=online&wl12=1082620152&veh=sem&gclid=EAIaIQobChMIrPWe6d3w_QIVMxXUAR2NuwhUEAQYCCABEgL56_D_BwE
       [/quote]
       And if JD has licensed and approved that, there's no issue.
       Other than that it gives them a stronger case for already being
       in this market and this appropriation has real impact.
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