Jack Daniel's Supreme Court Case Intertwines Art and Commerce

The Supreme Court will hear a trademark dispute case next year centered around a dog toy spoof of Jack Daniel’s signature Tennessee Whiskey bottle. According to reports, Jack Daniel’s argues that the toy is in violation of federal trademark law and could hurt its brand and confuse shoppers.

Shubha Ghosh is the Crandall Melvin Professor of Law at Syracuse University and director of the Syracuse Intellectual Property Law Institute (SIPLI). He provides preliminary comments below and is available for further analysis as the Supreme Court case moves forward.

Ghosh says:

“The Supreme will decide two important cases this term that engage with the First Amendment, art, and commerce: the Warhol case and the Jack Daniels case. In the Jack Daniels case, the trademark bar is asking the Court to limit First Amendment protections to artistic works and not extend its protections to commodities that may only incidentally communicate. This recommendation is inconsistent with the Supreme Court’s recent rulings extending First Amendment protections to trademarks. Such an approach ignores the reality that art and commerce are intertwined.”

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