Jack Daniel's lawyer said yesterday the dog toy 'associates its whiskey with dog poop,' which confuses customers and tarnishes its reputation|Open Grid Scheduler / Grid Engine|Public domain
The Supreme Court on Wednesday pondered the complexities and intricacies of trademark law in a case concerning whiskey maker Jack Daniel’s and toy company VIP Products.
The question for the court involves whether the toy’s maker infringed on Jack Daniel’s trademarks.
VIP Products made a chew toy called Bad Spaniels that looks similar to the recognizable whiskey bottle and replaced the wording with dog-themed liners. For example, it replaces the “40% alc” from the original bottle with “43% poo” in the Bad Spaniels toy bottle. Instead of saying “Old No. 7 Tennessee Sour Mash Whiskey,” it features “Old No. 2 on your Tennessee carpet” in similar font.
Jack Daniel’s did not get the joke
Their lawyer said in yesterday’s opening sentence the dog toy “associates its whiskey with dog poop,” which confuses customers and tarnishes its reputation.
VIP’s lawyer claimed that Jack Daniel’s is an iconic brand with celebrity status and that “people are constitutionally entitled to talk about celebrities and, yes, even make fun of them.”
SC justices were undecided whether to side with Jack Daniel’s and protect its trademark rights or with VIP and ensure its first amendment right of free speech.
The case could potentially shape the way trademark rights are viewed when humor is involved.