High Court's 'Narrow' Jack Daniel's Opinion Having Big Impact

Hardy Ehlers’ commentary was included in a Law360 article examining how a U.S. Supreme Court decision found the maker of a dog toy that resembles a Jack Daniel’s whiskey bottle was not entitled to First Amendment protection against trademark infringement claims.

Hardy points out that the ruling complicates matters because the justices provided no "specific test to instruct courts how to decide whether an accused infringer has used a mark as a designation of source.” He adds that “based on the last year, I would say [the justices' Jack Daniel's decision] might be remembered for purporting to issue a narrow holding, but having a more outsize impact than perhaps intended.”