Jack Daniels asked the justices to hear its case against the manufacturer of the plastic Bad Spaniels toy that looks a lot like a bottle of the company's whiskey.
Howard Fischer PHOENIX — If you want a squeaky dog toy that looks like a Jack Daniels bottle, you had better order it soon.The U.S. Supreme Court on Monday agreed to a request by the distiller to review a lower court ruling which said that an Arizona company is free to produce a plastic toy which looks all the world like the company's distinctive Old No. 7 Black Label Tennessee Whiskey.In agreeing to take up the case, the justices did not explain their decision.
At the heart of the legal fight is the Bad Spaniels Silly Squeaker that Lisa Blatt, attorney for Jack Daniels, insists cannot be sold because the company"has a strong interest in protecting its trademarks and trade dress from association with juvenile bathroom humor."For example, the"Old No. 7 Tennessee Sour Mash Whiskey" on the label is replaced by"The Old No. 2 on your Tennessee Carpet." It's also labeled"Bad Spaniels" instead of"Jack Daniels.
"In other words, because the court of appeals though VIP Products' notorious copying was funny, it held that the company has a First Amendment interest in confusing consumers into believing that Jack Daniels sponsors a dog toy spotlighting poop," she wrote. And Blatt argued that the toy associates the company's"image of sophistication" with"juvenile bathroom humor.
"Our client did not sell whiskey using a parody mark," Cooper said, something that would infringe on the distiller's trademark and image. "The fact that VIP chose to convey this humorous message through a dog toy is irrelevant," the judge said.
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