WASHINGTON D.C. Jack Daniels has asked the U.S. Supreme Court to hear its case against the manufacturer of the plastic Bad Spaniels toy, urging justices to take what they say is an important case for trademark law.
In a case supported by other major manufacturers, such as Levi Strauss, Patagonia, Campbell Soup and Levi Strauss, the high court could decide when the justices will decide whether or not they will listen to the case.
In court filings, Jack Daniels claims that Bad Spaniels broke the law by mimicking the square shape of its whisky bottle.
The toy retails from $13 to $20 and the packaging notes are small type, stating that this product is not affiliated with Jack Daniel Distillery. The lawyer for the toy maker, Arizona-based VIP Products, said Jack Daniel's cannot accept a joke. America's leading distiller of whiskey lacks a sense of humor and does not recognize when it and everyone else has had enough, the lawyer wrote to the court.
The toy manufacturer told the justices that Jack Daniels has 'waged war against the company for having the temerity to make a pun-filled parody of its bottle.
In her filing, Jack Daniel's lead attorney, Lisa Blatt, said that everyone likes a good joke. VIP's profit-motivated joke' confuses consumers by taking advantage of Jack Daniel's hard-earned goodwill. Blatt noted that a lower court decision provides near-blanket protection for humorous trademark infringement.