The
recent Jack Daniel’s TM Infringement Case once again has raised the question of
where the distinction between Liberty and Infringement be drawn.
The case involves infringement of Jack Daniel's TM by VIP Products that made a dog accessory (a chew toy) named as Bad Spaniels along with The Old No.2, on your Tennessee Carpet in it, that resembles the Label, Shape of Bottle, TM of Jack Daniel’s that include Jack Daniel’s along with Old No. 7, Tennessee Whiskey. It’s basically more of a Trade Dress & Shape of Bottle Infringement Case. The Shape of bottle & Shape of the dog toy is same. Label is visually same. Trade Dress seems similar. But yes, both word mark Jack Daniel’s & Bad Spaniels seems different.
