Jack Daniel's had asked the justices to hear its case against the manufacturer of the plastic Bad Spaniels toy. The toy mimics the Jack Daniel's bottle and label but is a parody.
Jack Daniel'sagainst the manufacturer of the plastic Bad Spaniels toy. The toy mimics the Jack Daniel's bottle and label but is a parody. While the original bottle has the words “Old No. 7 brand” and “Tennessee Sour Mash Whiskey,” the parody proclaims: “The Old No. 2 on Your Tennessee Carpet.” Instead of the original’s note that it is 40% alcohol by volume, the parody says it’s “43% Poo by Vol.” and “100% Smelly.
Lawyers for the toy's maker, Arizona-based VIP Products, told the high court that Jack Daniel's can't take a joke. They said Jack Daniel’s has “waged war” against the company for “having the temerity to produce a pun-filled parody” of its bottle. The toy retails for about $13 to $20 and the packaging notes in small font: “This product is not affiliated with Jack Daniel Distillery.”
“To be sure, everyone likes a good joke. But VIP’s profit-motivated ‘joke’ confuses consumers by taking advantage of Jack Daniel’s hard-earned goodwill,” she wrote for the Louisville, Kentucky-based Brown-Forman Corp., Jack Daniel’s parent company. Blatt wrote that a lower court decision provides “near-blanket protection” to humorous trademark infringement.
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