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Is It Infringement If It's Funny?

Strict Scrutiny

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The Power of Dog Toys

Dog toys are utilitarian, it's true, but for doggy influencers like my mini golden doodle, Stevie Nicks, they can also say something and they can make a point. Some of the justices seem to think that Jack Daniels had really over reached here because no one would think that a product like this, a dog toy, a squeaky dog toy about poop, is made by Jack Daniels. And that is my point. No one is confusing. I'm excellent. Why weren't you there for the ugly toys?

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