Submitted by WREGnewschannel3 t3_z0eowe in nottheonion
Hunnyhelp t1_ix5d3ni wrote
Reply to comment by imitation_crab_meat in Jack Daniel’s asks Supreme Court to hear dog toy dispute. Will they bite? by WREGnewschannel3
The key part of soft advertising is control over brand image. Here they have none whatsoever. Jack Daniel’s wants to control, their brand association as much as possible. They might not want their brand associated (however unconsciously) with a to-be torn up piece of plastic.
imitation_crab_meat t1_ix5gqip wrote
Unfortunately for them parody is considered fair use under copyright law and they're unlikely to win against what's very clearly a parody product.
TBoneBaggetteBaggins t1_ix5oj26 wrote
How about under trademark law?
imitation_crab_meat t1_ix5w8qf wrote
>To constitute trademark parody, there must be two juxtaposing messages: the use must copy enough of the mark for people to recognize the targeted brand, but differentiate it sufficiently using some articulable elements of satire, ridicule, joking or amusement so that people can tell it is not connected to the original
Also allowed, and this certainly qualifies.
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