Narrow ‘Bad Spaniels’ Ruling Leaves Wiggle Room for Lower Courts

Director Monica Riva Talley was quoted in the article “Narrow ‘Bad Spaniels’ Ruling Leaves Wiggle Room for Lower Courts,” published by Bloomberg Law. From the article:

“Talley bristled at Sotomayor’s downplaying of surveys, arguing they reflect that “consumers are conditioned” to see brands branch out into other products, even in self-deprecating ways. She said simply making a joke shouldn’t let others profit from the value of someone’s brand recognition.

‘The reason people buy the product is that it looks like a Jack Daniel’s bottle. All the things a trademark can convey, the goodwill, the reputation, they’re all still there,’ she said. ‘Yes it’s funny, but it’s funny at the expense of the brand you’re mimicking.'”