Supreme Court hears dog-toy dispute between Jack & Daniel and maker
FILE people leave the Supreme Court after oral arguments in Perez v. Sturgis Public Schools, Jan. 18, 2023, in Washington. The Supreme Court ruled unanimously for a deaf student who sued his public school system for providing inadequate education, a case that is significant for other disabled students. AP Photo J. Scott Applewhite ASSOCIATED PRESS WASHINGTON AP - The Supreme Court is hearing a dispute between whiskey maker Jack Daniel s and the manufacturer of a squeaking dog toy that parodies the liquor's bottle and label.
The question for the court is whether the toy makers infringed on Jack Daniel's trademarks.
The Bad Spaniels toy is produced by Arizona-based VIP Products. The original bottle has the words Old No. The parody proclaims the Old No. 7 brand and Tennessee Sour Mash Whiskey. The original bottle states that it is 40% alcohol by volume. The parody shows a dog's face and says it is 43% Poo by Vol. 100% Smelly. The packaging of the toy, which retails for around $20, has notes in small font: This product is not affiliated with Jack Daniel Distillery. Jack Daniel loves dogs and loves a good joke as much as anyone. Jack Daniel s likes his customers even more, and doesn't want them confused or associating its fine whiskey with dog poop, wrote Lisa Blatt, the company's attorney, in a filing with the high court ahead of Wednesday's arguments. The court has a live stream of audio on its website.
Blatt wrote that Jack Daniel welcomes jokes at its expense but that the toy VIP sells misleads to customers, profits from Jack Daniel's hard-earned goodwill and associates its whiskey with excrement. The Lanham Act is the country's major trademark law. It prohibits using a trademark in a way that could cause confusion as to the origin, sponsorship or approval of goods. Jack Daniels says that's what the dog toy does. It says a lower court was wrong to side with VIP.
The lawyer for VIP Products, Bennett E. Cooper, told the justices in a court filing that Jack Daniel's lawyer, Bennett E. Cooper, seeks to use the Lanham Act to muzzle VIP Products LLC's playful dog-toy parody. Nike, Campbell Soup Company, outdoor brand Patagonia and jeans maker Levi Strauss urged the justices to side with Jack Daniel's in court filings. The Biden administration is supported by the company.