Jack Daniels vs Bad Spaniels: US Supreme Court to hear case of rip off dog toy
The Supreme Court will decide whether the 'humorous use' of a brand’s logo in a commercial product violates federal trademark law or deserves protection under the First Amendment.
It's Jack Daniels vs Bad Spaniels at the US Supreme Court on Wednesday. As the Supreme Court will hear arguments over whether a company can continue to produce a dog toy shaped and decorated like a Jack Daniel’s whiskey bottle or whether the squeaky plaything is infringing on the company’s trademark.
The well-known whisky company is seeking the court to order VIP Products to cease making the dog toy known as "Bad Spaniels," claiming that the parody goes too far.
The toy is part of a line of dog toys called Silly Squeakers that imitates famous alcohol and soda brands. One toy, called 'Cataroma Extra,' looks like a bottle of Corona beer. Another, named 'Mountain Drool,' resembles a Mountain Dew soft drink bottle.
The toy bottle that the country’s highest court will consider Wednesday reads 'BAD SPANIELS' instead of 'JACK DANIEL’S,' 'The Old No. 2' instead of 'Old No. 7 Brand,' and 'On your Tennessee CARPET' instead of 'Tennessee sour mash WHISKEY.'
Instead of promising 40% alcohol by volume, it promises “43% poo by volume, 100% smelly.”
The Supreme Court will have to decide when the “humorous use” of a brand’s logo in a commercial product violates federal trademark law or deserves protection under the First Amendment.
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