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is VIP products Miss Black [Music] Mr chief justice a man please the court this case involves a dog toy that copies Jack Daniels trademark and trade dress and Associates its whiskey with dog poop after a four-day trial The District Court found both infringement and dilution the ninth circuit erroneously reversed both Holdings as to infringement the ninth circuit did not disturb the trial Courts finding of likelihood of confusion it instead reversed by applying an exception to the Lanham act that the second circuit in Rogers versus Grimaldi invented for movie titles under Rogers and expressive work is allowed to confuse as long as the use of a mark is artistically relevant and not explicitly misleading but the Lanham act has no exceptions for expressive works it bars using marks for any Goods When likely to cause confusion as to origin sponsorship or approval artistic relevance has nothing to do with confusion and both implicit and explicit uses can confuse nor does constitutional avo
