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.'”

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