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Supreme Court's 'Bad Spaniels' Decision Didn't Overturn Rogers, But …
In a win for trademark holders, the U.S. Supreme Court offered a narrow ruling in the dispute involving "dog toys and whiskey." Trademark-rights attorneys praised the Supreme Court's justices for the decision in Jack Daniel's Properties Inc v. VIP Products LLC, 22-148, which offered a rare mix of constitutional and trademark law, though easing for now the fears of content creators that refer to pre-existing marks.
Writing for the unanimous court, Justice Elena Kagan stated that "consumer confusion about source — trademark law's cardinal sin — is most likely to arise when someone uses another's trademark as a trademark."
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