Supreme Court backs Jack Daniel's in dog toy lawsuit

As a dog dad, this story about a dog toy caught my attention. It turns out that dog toy manufacturers need to be a little more cautious about parodying actual products of other types. Here's the story from BBC:

 

(Photo: The Jack Daniels' whiskey bottle reads "Old No. 7 Tennessee Sour Mash Whiskey" (left) and the parody dog toy says "Old No. 2 on your Tennessee Carpet"  (right). Credit: U.S. Supreme Court)

Supreme Court backs Jack Daniel's in dog toy row

BBC NEWS, June 9, 2023, Max Matza

The U.S. Supreme Court has sided with whiskey brand Jack Daniel's in its lawsuit against a company that sells a lookalike poop-themed toy for dogs.

The dog toy says "Old No. 2 on your Tennessee Carpet," while the famous whiskey bottle reads "Old No. 7 Tennessee Sour Mash Whiskey."

In a unanimous decision on Thursday, the top US court found that the toy is a trademark violation.

The unusual case led to laughter in the court, and a few jokes in the opinion.

Justice Elena Kagan, who wrote the court's opinion, noted: "This case is about dog toys and whiskey, two items seldom appearing in the same sentence."

At another point she asks court watchers to "recall what the bottle looks like (or better yet, retrieve a bottle from wherever you keep liquor; it's probably there)".

The decision throws out an appeal that found that the toy was a "non-commercial" parody, subject to First Amendment free speech protections, and throws the case back to lower courts.

The filing by the whisky makers argued that the Arizona-based VIP Products LLC was profiting "from Jack Daniel's hard-earned goodwill" and confusing consumers, by getting them to "associate Jack Daniel's whiskey with excrement". The toy costs about $20 (£16). ''

The bottle of liquor says "40% alcohol by volume", while the "Bad Spaniels Silly Squeaker" chew toy reads "43% poo by volume" and "100% Smelly". The packaging includes a label noting that it is not affiliated with Jack Daniel's.

The company also produces other similar toys that resemble other notable alcohol and soda brands.

Lawyers for the Tennessee whisky company said they found no humor in the pun. "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," Lisa Blatt, attorney for Jack Daniel's, wrote in court papers. 

 The Biden administration and major brands - such as Nike, Campbell Soup Company, Patagonia and Levi Strauss - had urged justices to side with Jack Daniel's. I

n a statement after the ruling, a spokesman for Jack Daniels said the company was pleased with the outcome.