Description
In Fortune magazine’s web-site, I’ve come across with a very intriguing trademark case.
It reads as follows: “The toy that has Jack Daniel’s so doggone mad mimics the square shape of its whisky bottle as well as its black-and-white label and amber-colored liquor while adding what it calls “poop humor.” While the original bottle has the words “Old No. 7 brand” and “Tennessee Sour Mash Whiskey,” the parody proclaims: “The Old No. 2 on Your Tennessee Carpet.” Instead of the original’s note that it is 40% alcohol by volume, the parody says it’s “43% Poo by Vol.” and “100% Smelly.”
I must admit, when I read it, its sense of humor made me smile but when I came to think in terms of principles of trademark law, I was not sure if the matter was just about humor. I guess it is more than that.
As far as I can see it is not the first case in US where people parodied well-known trademarks’ notorious product designs/packages and I don’t think it will be the last. So, I find it worth giving a real thought on the case based on *universal* (basic) trademark rules and come up with a solution embracing mutual interests of both parties on a fair and square basis. What about your opinion, does it weigh more on Jack Daniel’s favor or the other way around?
You may read the news via https://lnkd.in/dgYCGxnY
