WASHINGTON (AP) 鈥� The said Monday it will hear a dispute over a dog toy that got whiskey maker Jack Daniel's barking mad.
Jack Daniel's against 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 鈥淥ld No. 7 brand鈥� and 鈥淭ennessee Sour Mash Whiskey,鈥� the parody proclaims: 鈥淭he Old No. 2 on Your Tennessee Carpet.鈥� Instead of the original鈥檚 note that it is 40% alcohol by volume, the parody says it鈥檚 鈥�43% Poo by Vol.鈥� and 鈥�100% Smelly.鈥�
A number of major companies from the makers of Campbell Soup to outdoor brand Patagonia and jeans maker Levi Strauss had urged the justices to take what they said was an important case for trademark law.
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鈥檚 has 鈥渨aged war鈥� against the company for 鈥渉aving the temerity to produce a pun-filled parody鈥� of its bottle. The toy retails for about $13 to $20 and the packaging notes in small font: 鈥淭his product is not affiliated with Jack Daniel Distillery.鈥�
Jack Daniel's lead attorney, Lisa Blatt, made no bones about the company's position in her court filing.
鈥淭o be sure, everyone likes a good joke. But VIP鈥檚 profit-motivated 鈥榡oke鈥� confuses consumers by taking advantage of Jack Daniel鈥檚 hard-earned goodwill,鈥� she wrote for the Louisville, Kentucky-based Brown-Forman Corp., Jack Daniel鈥檚 parent company. Blatt wrote that a lower court decision provides 鈥渘ear-blanket protection鈥� to humorous trademark infringement.
The toy is part of a line of VIP Products called Silly Squeakers that mimic liquor, beer, wine and soda bottles. They include Mountain Drool, which parodies Mountain Dew, and Heini Sniff'n, which parodies Heineken. A court in 2008 barred the company from selling its Budweiser parody, ButtWiper.
The case won't be argued until early 2023 with a decision expected before the court leaves for its summer recess.
The case is Jack Daniel's Properties Inc. v. VIP Products LLC, 22-148.
Jessica Gresko, The Associated Press
