The question for the court has to do with whether the toy makers infringed on Jack Daniels trademarks.
Arizona-based VIP Products produces the Bad Spaniels toy. While the original bottle has the words Old No. 7 brand and Tennessee Sour Mash Whiskey, the parody proclaims: The Old No. 2 on Your Tennessee Carpet. The original bottle notes it is 40% alcohol by volume. The parody features a dogs face and says its 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 Daniels isnt amused.
Jack Daniels loves dogs and appreciates a good joke as much as anyone. But Jack Daniels likes its customers even more, and doesnt want them confused or associating its fine whiskey with dog poop, wrote the companys attorney Lisa Blatt in a filing with the high court ahead of Wednesdays arguments. Audio is being livestreamed on the courts website.
Blatt wrote that Jack Daniels welcomes jokes at its expense but that the toy VIP sells misleads customers, profits from Jack Daniels hard-earned goodwill and associates its whiskey with excrement.
At the heart of the case is the Lanham Act, the countrys major trademark law. It prohibits using a trademark in a way likely to cause confusion as to the origin, sponsorship, or approval of goods. Jack Daniels says thats what the dog toy does. It says a lower court was wrong to side with VIP.
But VIP Products lawyer, Bennett E. Cooper, told the justices in a court filing that Jack Daniels seeks to use the Lanham Act to muzzle even VIP Products LLCs playful dog-toy parody.
Nike, Campbell Soup Company, outdoor brand Patagonia and jeans maker Levi Strauss were among those urging the justices in court filings to side with Jack Daniels. The company also has the support of the Biden administration.
