![]() In the lawsuit the mark owner must show that there is a likelihood of confusion, meaning that consumers may confuse the infringing product with the real one. ![]() Moreover, as she observed, registration of a trademark allows the trademark owner to sue when others use the mark for their own purposes. A trademark, wrote Justice Kagan, benefits "consumers and producers alike" by marking a product in a way that enables customers to select the goods and services they want, and those that they want to avoid. It said that a major reason that companies want and get trademark protection is to identify a product's source, like the Nike swoosh that distinguishes the trademarked product from other similar products. The Supreme Court, however was not amused. The Bad Spaniels toy mimics the Jack Daniel's bottle but features a drawing of a spaniel, and instead of the words on Jack's bottle-promising 4o% alcohol by volume - Bad Spaniels promises 43% poo by volume, 100% smelly." Humor aside, the high court overturned a lower court's ruling, which had thrown out the Jack Daniel's challenge on grounds that it violated First Amendment's protections for satire. ![]()
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