This is much more important than the 2020 election was. /s
Why…
oh yeh...copycat bottle is more than likely a violation.
I wonder if the Fair Use laws could be stretched to cover this. It’s a trademark and not a copyright, but the concept is the same (i.e., transformative use).
Sounds like a case of Tennessee Whiskey-induced “Cancel Culture” to me.
Drinking alcohol makes about as much sense, biologically speaking, as eating dog poop.
If you do not protect your copyright, you risk losing it Jack Daniel’s is correct in Enforcing this. A fair settlement would have been to charge the dog toy company a nominal amount for the use.
Is this Dog Toy being sold in Liquor Stores Yes⬜️ No☑️. Then no problemff. Shut up Jack Daniels !!!
Darn it, corporate is wasting money and the price of JD is going, going, going up up up. I saw a regular bottle 750ml at the military base for $25. Jim Beam Black or Sour Mash is usually 5 -7 bucks a bottle cheaper. I used to put JB into the JD bottle and screw with the people who swore they could tasted the difference. Sour Mash straight up is sour mash; if you put it in coke or pepsi, no difference at all. Just buy Jim Beam Black.
Just ask the folks at M&M Mars who turned down the producers of the movie "ET" who then reached out to Reese's and used Reese's Pieces instead. Reese's made millions on the movie endorsement.
I guess it all depends on what Jack Daniles has trademarked or copyrighted.
My ex-wife was the executive assistant to the Corporate Attorney for PACCAR, parent company of Kenworth and Peterbilt trucks. That had all sorts of trademark/copyright infringement issues where Paccar had to approve any product likeness.
She once brought home a ball point pen that was requesting to be approved. It was designed with the “floater window”, like the old Zippo lighters, so that when you tip it up to write, a KW truck would float down the length of the of the pen. The problem with it was the manufacturer placed a car in the window and when the KW floated down it passed the car on the wrong side of the car.
Paccar rejected that likeness.
Same with Hollywood scripts that used their products as part of the script. When you watch a TV show or movie, pay attention to the emblems on the vehicles. If their altered or changed that is because the manufacturer didn’t approve of the way the vehicle was being portrayed in the show.
The coolest thing I remember was they had the original script from the movie Smokey and the Bandit in a glass case in their office. Even though that truck was breaking the law throughout the movie, they allowed it because it showed the performance of the vehicle.
So were the old Wacky Packs of the ‘70s a violation, too?
Maybe they should go after the Chinese for infringement as well. They do it in volume.
I thought parodies were established as being OK a long time ago.
I thought parody was protected speech.🤔