Jack Daniel's Whiskey has a bone to pick with a dog toy company, and the Supreme Court agreed on Monday to hear their case.
VIP Products, an Arizona-based company, makes dog toys that resemble Jack Daniel's iconic whiskey bottles. The Bad Spaniels Silly Squeaker toys are labeled 43% Poo by Vol. The Old No. Jack Daniel s is arguing that the toys are a violation of federal trademark rights and tarnish the company's brand.
It is ironic that America's leading distiller of whiskey lacks a sense of humor and does not recognize when it has had enough, the brief states. VIP has never sold whiskey or other cometibles, nor has it used Jack Daniel s in any way humorously or not. It mimicked enough of the iconic bottle that people would get the joke. The U.S. Court of Appeals for the 9th Circuit in 2020 ruled in favor of VIP Products and said that their toys are protected under the First Amendment, which led to Jack Daniels' request for further review from the Supreme Court.
Several companies including Campbell's Soup Co. and Levi Strauss filed motions in support of Jack Daniel's urging the high court to clarify trademark laws and when they allow such parodies.
In 2008, VIP Products lost a similar case to Anheuser-Busch when they sued the company over a toy labeled ButtWiper. The high court will hear arguments in Jack Daniel's case early next year.