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Supreme Court agrees to hear dispute between makers of Jack Daniel’s, dog toys

  • November 25, 2022

WASHINGTON – The Supreme Court may have really stepped in it this time.

The nation’s highest court on Monday agreed to hear arguments in a trademark dispute  between the maker of Jack Daniel’s and the maker of a dog chew toy that mimics the company’s signature whiskey bottle – only with dog poop humor on the label. 

The name of the toy: “Bad Spaniels.”

While the original bottle has the words “Old No. 7 brand” and “Tennessee Sour Mash Whiskey,” the toy proclaims “The Old No. 2 on Your Tennessee Carpet,” according to the Associated Press. Instead of the original’s note that it is 40% alcohol by volume, thedog toy says it’s “43% Poo by Vol.” and “100% Smelly.”

At issue in the case is whether humorous products that parody other products enjoy protection under the First Amendment or whether the funny knock-off violates trademark law because it could confuse consumers. 

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“It is ironic that America’s leading distiller of whiskey both lacks a sense of humor and does not recognize when it – and everyone else – has had enough,” the dog toy maker, VIP Products, told the Supreme Court in a brief last month. 

Courtney Armour, chief legal officer for the Distilled Spirits Council, said the industry is pleased the Supreme Court agreed to hear the case. 

“The alcohol beverage industry has long worked to ensure that our products are advertised in a responsible manner and trademark infringers can severely jeopardize these efforts,” she said.

Contributing: Associated Press

Article source: http://rssfeeds.usatoday.com/~/720051080/0/usatodaycomwashington-topstories~Supreme-Court-agrees-to-hear-dispute-between-makers-of-Jack-Daniels-dog-toys/

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