WASHINGTON (AP) — The Supreme Court will debate Wednesday whether Jack Daniel’s has to smile and put up with hilarious «poop-themed» dog toys that resemble its iconic whiskey bottles.
The judges, taking a break of sorts from some of the biggest issues before them in cases about race, voting and LGBTQ rights, are hearing oral arguments on whether toys made by VIP Products LLC violate trademark law.
VIP says its products, including the whiskey bottle-shaped «Bad Spaniels» toy, are obvious parodies and therefore should be protected as free speech under the First Amendment.
The toy in question has a neck tag that reads «Old No. 2» in reference to the «Old No. 7» tag on Jack Daniel’s bottles. It also says «Old No. 2 on your Tennessee Carpet» on the body in reference to the primary «Old No. 7 Tennessee Sour Mash Whiskey» label that appears on whiskey bottles.
Describing the offending products as «poop-themed dog toys,» the whiskey maker counters that there is a likelihood of confusion, meaning the product violates trademark law.
«Jack Daniel’s loves dogs and appreciates a good joke as much as anyone. But Jack Daniel’s loves its customers even more and doesn’t want them to confuse them or associate their good whiskey with dog poop,» the attorney for the company wrote. company, Lisa Blatt, in court papers
The problem, he added, is that VIP «sells products that mimic Jack Daniel’s iconic brands and trade dress that mislead consumers, profit from Jack Daniel’s hard-earned goodwill, and associate Jack Daniel’s whiskey with excrement».
VIP’s attorney, Bennett Cooper, wrote in court documents that Jack Daniel’s, owned by major wine and spirits producer Brown-Forman, is trying to stifle free speech by «weaponizing» trademark law.
“The Bad Spaniels Silly Squeaker toy is unarguably a bona fide (and successful) parody,” Cooper wrote. a parody embodied in a solid vinyl dog toy with a squeaker.»
The US Court of Appeals for the Ninth Circuit in 2020 ruled in favor of VIP Products, saying its toys are protected by the First Amendment, prompting Jack Daniel’s to seek further review from the Supreme Court.
Several companies, including Nike Inc., Campbell Soup Co. and American Apparel, filed briefs supporting Jack Daniel’s, saying the appeals court’s interpretation of the law threatened trademark protections that protect the value of goods. iconic brands. The Biden administration also supports the whiskey maker.
Free speech advocates, including the Electronic Frontier Foundation, filed reports backing VIP, citing the importance of people being able to comment on and make fun of famous brands.