Court sides with Jack Daniel’s in dispute with makers of dog toy

The Supreme Court on Thursday gave whiskey maker Jack Daniel’s reason to raise a glass, handing the company a new chance to win a trademark dispute with the makers of the Bad Spaniels dog toy. In announcing the decision for a unanimous court, Justice Elena Kagan was in an unusually playful mood. At one point while reading a summary of the opinion in the courtroom Kagan held up the toy, which squeaks and mimics the whiskey’s signature bottle. Kagan said a lower court’s reasoning was flawed when it ruled for the makers of the rubber chew toy. The court did not decide whether the toy’s maker had violated trademark law but instead sent the case back for further review. “This case is about dog toys and whiskey, two items seldom appearing in the same sentence,” Kagan wrote in an opinion for the court. At another point, Kagan asked readers to “Recall what the bottle looks like (or better yet, retrieve a bottle from wherever you keep liquor; it’s probably there)” before inserting a color picture of it. Arizona-based VIP Products has been selling its Bad Spaniels toy since 2014. It’s part of the company’s Silly Squeakers line of chew toys that mimic liquor, beer, wine and soda bottles. They include Mountain Drool, which parodies Mountain Dew, and Heini Sniff’n, which parodies Heineken beer. While Jack Daniel’s bottles have the words “Old No. 7 brand” and “Tennessee Sour Mash Whiskey,” the toy proclaims: “The Old No. 2 on Your Tennessee Carpet.” The original bottle notes it is 40% alcohol by volume. The parody features a dog’s face and says it’s “43% Poo by Vol.” and “100% Smelly.” The packaging of the toy, which retails for around $20, notes in small font: “This product is not affiliated with Jack Daniel Distillery.” Jack Daniel’s, based in Lynchburg, Tennessee, wasn’t amused. Its lawyers argued that the toy misleads customers, profits “from Jack Daniel’s hard-earned goodwill” and associates its “whiskey with excrement.” At the center of the case is the Lanham Act, the country’s core federal trademark law. It prohibits using a trademark in a way “likely to cause confusion ... as to the origin, sponsorship, or approval of ... goods.” A lower court never got to the issue of consumer confusion, however, because it said the toy was an “expressive work” communicating a humorous message and therefore needed to be evaluated under a different test. Kagan said that was a mistake and that “the only question in this case going forward is whether the Bad Spaniels marks are likely to cause confusion.” Kagan also said a lower court erred in its analysis of Jack Daniel’s claim against the toy company for linking “its whiskey to less savory substances.” The opinion was one of four the court issued Thursday, including a 5-4 ruling in favor of Black voters in Alabama in a congressional redistricting case. The case had been closely watched for its potential to weaken the landmark Voting Rights Act. The case is Jack Daniel’s Properties, Inc. v. VIP Products LLC, 22-148.

Federal court sides with lobster fishers in whale protection case

A federal appeals court has sided with commercial fishermen who say proposed restrictions aimed at saving a vanishing species of whale could put them out of business. The fishermen harvest lobsters and crabs off New England and oppose tough new restrictions on the way they fish that are intended to protect the North Atlantic right whale. The whale numbers only about 340 in the world and it’s vulnerable to lethal entanglement in fishing gear. The fishermen and the state of Maine appealed their case to the U.S. Court of Appeals for the District of Columbia Circuit after losing in a lower court. The appeals court said Friday it disagreed with the lower court’s ruling. The appeals court ruling could mean that the federal government must take another stab at crafting new rules to protect the whales. The restrictions would limit where lobster fishers can fish and what kind of gear they can use to try to prevent the whales from becoming entangled in fishing ropes. The changes would represent a potential worst-case scenario for the lobster fishing industry, wrote Douglas H. Ginsburg, the senior judge of the appeals court, in Friday’s ruling. “The result may be great physical and human capital destroyed, and thousands of jobs lost, with all the degradation that attends such dislocations,” Ginsburg wrote. The fishers sued the National Marine Fisheries Service, an arm of the federal government. The service declined to comment on the lawsuit.

Supreme Court rules in favor of Black Alabama voters

The Supreme Court on Thursday issued a surprising 5-4 ruling in favor of Black voters in a congressional redistricting case from Alabama, with two conservative justices joining liberals in rejecting a Republican-led effort to weaken a landmark voting rights law. Chief Justice John Roberts and Justice Brett Kavanaugh aligned with the court’s liberals in affirming a lower-court ruling that found a likely violation of the Voting Rights Act in an Alabama congressional map with one majority Black seat out of seven districts in a state where more than one in four residents is Black. The state now will have to draw a new map for next year’s elections. The decision was keenly anticipated for its potential effect on control of the closely divided U.S. House of Representatives. Because of the ruling, new maps are likely in Alabama and Louisiana that could allow Democratic-leaning Black voters to elect their preferred candidates in two more congressional districts. The outcome was unexpected in that the court had allowed the challenged Alabama map to be used for the 2022 elections, and in arguments last October the justices appeared willing to make it harder to challenge redistricting plans as racially discriminatory under the Voting Rights Act of 1965. The chief justice himself suggested last year that he was open to changes in the way courts weigh discrimination claims under the part of the law known as section 2. But on Thursday, Roberts wrote that the court was declining “to recast our section 2 case law as Alabama requests.” Roberts also was part of conservative high-court majorities in earlier cases that made it harder for racial minorities to use the Voting Rights Act in ideologically divided rulings in 2013 and 2021.

Families sue to block Idaho law barring gender-affirming care for minors

The families of two transgender teenagers filed a lawsuit Thursday to block enforcement of Idaho’s ban on gender-affirming medical care for minors. The ban, which was signed into law in April and scheduled to take effect in January 2024, violates the federal constitutional guarantee of equal protection for the teens and due process for their parents, the families said in the filing in U.S. District Court. “Governor Brad Little signed the bill into law in the name of ‘protecting minors.’ But lawmakers and the Governor ignored the extensive legislative testimony that the Healthcare Ban harms children,” the court filing asserts. The plaintiffs, whose legal representation includes lawyers from the American Civil Liberties Union, note that the law makes it a felony for doctors to provide puberty blockers, hormone treatment and surgery for minors only in cases in which it is to help align their bodies with their gender identities. The same treatments are allowed for other purposes. The legal challenges are also so recent that there’s not a clear trend for outcomes. A court put enforcement of a Missouri policy on hold — and then officials terminated the rule entirely last month. Lawmakers there have separately passed a ban, though it has not been signed into law so far. Oklahoma has agreed not to enforce its ban while opponents seek to have it blocked. In the Idaho case, the plaintiff families were not named. Both teens are receiving gender-affirming care. In the court filing, one of the families said the treatment has improved their daughter’s life: She no longer has days when her gender dysphoria is so severe she feels she cannot get out of bed; she’s happy to look into mirrors; her grades have improved and her mother said the girl was glowing as she prepared for her school’s prom. But debate over and passage of the ban took a toll, leading to depressive thoughts and telling her parents she feels the state where she’s lived her whole life is telling her to leave — something the family is considering doing so she can continue her treatments. Defendants in the lawsuit include Idaho Attorney General Raul Labrador, a county prosecutor and members of the Idaho Code Commission. Labrador’s office, which would likely defend the law in court, said in a statement that it does not comment on pending litigation.

Adnan Syed’s lawyer appeals to Maryland Supreme Court

Adnan Syed’s lawyer asked Maryland’s highest court on Wednesday to overturn a lower court’s ruling that reinstated his murder conviction from more than two decades ago — after he was freed last year in a legal case that gained international attention from the hit podcast “Serial.” Syed’s lawyer also is asking the court to prevent her client from being incarcerated while the Supreme Court of Maryland’s review is pending “He is grateful that the victim’s representative and Attorney General have consented to the stay,” a statement from the Maryland public defender’s office said while announcing the court filings. “Reincarcerating Adnan would be devastating for him and his family and would be an affront to justice.” Syed’s counsel filed a petition that asks the state’s highest court to review several legal issues raised by the victim’s family, who contended they were not given enough notice to testify at a court hearing. The legal issues include whether former Baltimore State’s Attorney Marilyn Mosby’s decision to dismiss the charges against Syed last year made the family’s court challenge moot. The issues also include whether attendance on Zoom satisfied the right of the victim’s representative to attend the hearing and whether the notice of the hearing was sufficient. Syed’s lawyer also is asking the court to consider whether the Appellate Court of Maryland’s reversal is appropriate without showing that the result of the hearing that decided his release would have been different. “Adnan’s innocence is not at issue, but his rights as a defendant and freedom as an exoneree are directly impacted by the Appellate Court of Maryland’s decision,” said Erica Suter, Syed’s lawyer, in a statement. Suter said the issues raised in the case “have broader implications for our entire legal system, most notably the authority of the State to dismiss a case, the role of victims’ representatives in proceedings to redress unjust convictions, and the restrictions placed on judges’ discretion to utilize remote communication services like Zoom.”

Suspect in fatal stabbing of Cash App founder pleads not guilty

Tech consultant Nima Momeni pleaded not guilty Thursday to a murder charge in the stabbing death of Cash App founder Bob Lee on the streets of San Francisco. San Francisco Superior Court Judge Victor Hwang ordered Momeni, 38, kept in jail without bail, saying he posed a public safety risk if released. Momeni, who appeared in an orange sweatshirt and pants, did not speak, and his attorney Paula Canny entered the plea on his behalf. The case has drawn national attention, partly given Lee’s status in the tech world. Lee was found with three stab wounds, including one to the heart, shortly after 2:30 a.m. April 4 and was taken to a hospital where he later died. He was found in the Rincon Hill neighborhood in downtown San Francisco, which has tech offices and condominiums but little activity in the early morning hours. Lee, 43, created Cash App, a mobile payment service, and was the chief product officer of the cryptocurrency MobileCoin. He was mourned as a loving father of two who made friends wherever he went. Prosecutors have not provided a motive but say Momeni stabbed Lee after a dispute related to Momeni’s sister, who appeared in court Thursday alongside their mother. Assistant District Attorney Omid Talai argued Thursday to detain Momeni without bail, saying that the defendant drove Lee to a secluded spot and used a knife that was part of a unique kitchen set belonging to his sister. Police recovered a knife with a 4-inch (10-centimeter) blade at the scene. Talai said that analysis showed Momeni’s DNA on the handle of the knife and Lee’s DNA on the bloody blade and no evidence that Lee had touched the handle, contradicting Canny’s claim of self-defense for her client. But Canny said that Momeni did not drive Lee to a secluded spot with the aim of killing him. Instead, she said, Lee directed him to pull over after calling an Uber because the two had argued. The last time Momeni saw Lee, Canny said, Lee was standing upright and walking away.

PA mail-in voting law gets beaten up on GOP campaign trail

Election integrity and Pennsylvania’s mail-in voting law are prominent subjects in the state’s Republican primary contest for an open state Supreme Court seat, as Donald Trump continues to baselessly claim that the 2020 election was stolen. This year, two GOP primary rivals for the state Supreme Court seat in Tuesday’s primary election are signaling their disapproval of Pennsylvania’s expansive mail-in voting law. In one appearance last month, Carolyn Carluccio, a Montgomery County judge, called the mail-in voting law “bad” for the state and for faith in elections. She suggested elections are too “secretive” and promised that if the law comes before the high court “I’m going to be happy to take a look at it.” Meanwhile, Patricia McCullough, a judge on the statewide Commonwealth Court, repeatedly highlights her rulings in election-related cases, including voting to throw out the mail-in voting law. “Election integrity, that seems to be like the most important issue to the people right now,” McCullough told an interviewer on public access television in Erie last month. Both parties will pick a high court nominee to run in November’s general election. The state’s highest court currently has four justices elected as Democrats and two as Republicans. The seat is open following the death of Chief Justice Max Baer last fall. Allegations about election fraud and opposition to Pennsylvania’s mail-in voting law have persisted in Republican primaries in 2021 and 2022, demonstrating just how influential Trump’s extreme and baseless election claims are to the GOP campaign trail. In last year’s governor’s race, for instance, every candidate in the GOP’s nine-person field vowed to repeal the 2019 law that established no-excuse mail-in voting in Pennsylvania. A third Republican-backed challenge to the mail-in voting law is pending in state courts, while Republicans have repeatedly gone to court to try to ensure that ballots cast by legal, eligible voters are thrown out for technical errors, like a missing envelope, signature or date.