The Supreme Court on Wednesday will debate whether Jack Daniel’s has to grin and bear it over humorous dog “poop-themed” toys that bear a resemblance to its iconic whiskey bottles.
The justices, taking a break of sorts from some of the weightier issues before them on cases about race, voting and LGBTQ rights, are hearing oral arguments on whether the toys made by VIP Products LLC violate trademark law.
VIP says its products, including the “Bad Spaniels” toy shaped like a whiskey bottle, are obvious parodies and should therefore be protected as free speech under the First Amendment.
The toy in question has a label on its neck saying “Old No. 2” in reference to the “Old No. 7” label on Jack Daniel’s bottles. It also says “Old No. 2 on your Tennessee Carpet” on the body in reference to the “Old No. 7 Tennessee Sour Mash Whiskey” main label featured on the whiskey bottles.
The whiskey maker, describing the offending products as “poop-themed dog toys,” counters that there is a likelihood of confusion, meaning the product violates trademark law.
“Jack Daniel’s loves dogs and appreciates a good joke as much as anyone. But Jack Daniel’s likes its customers even more, and doesn’t want them confused or associating its fine whiskey with dog poop,” the company’s lawyer, Lisa Blatt, wrote in court papers.
The problem, she added, is that VIP “sells products mimicking Jack Daniel’s iconic marks and trade dress that mislead consumers, profit from Jack Daniel’s hard-earned goodwill, and associate Jack Daniel’s whiskey with excrement.”
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