The company that Makes Jack Daniel’s is Howling mad over a Squeaking dog toy that parodies the whiskey’s signature bottle. Now, the liquor company is barking The door to the Supreme Court.
Jack Daniel’s Has asked the justices for an explanation its The case against the manufacturer of plastic Bad Spaniels toy. As soon as Monday, the high court will be able to say whether justices will reach an agreement. Many major companies, including Campbell Soup and Patagonia as well as Levi Strauss jeans manufacturer, have asked the high court to accept what they say. is A key case in trademark law
The toy that Has Jack Daniel’s so doggone mad This mimics the square form of its Whisky bottle Also available: its Add what it calls to a black-and white label or amber-colored liquor “poop humor.” Although the original bottle These are the words “Old No. 7 brand” And “Tennessee Sour Mash Whiskey,” The parody says: “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.”
The toy Retails for approximately $13 to $20, and the packaging notes are in small font. “This product is not affiliated with Jack Daniel Distillery.”
The toy’s maker says Jack Daniel’s can’t take a joke. “It is ironic that America’s leading distiller of whiskey both lacks a sense of humor and does not recognize when it — and everyone else — has had enough,” The high court was written by lawyers representing Arizona-based VIP Products. They told the justices that Jack Daniel’s Has “waged war” For the company “having the temerity to produce a pun-filled parody” Of its bottle.
But Jack Daniel’s lead attorney, Lisa Blatt, made no bones about the company’s position in her filing.
“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 was a writer for Brown-Forman Corp. of Louisville, Kentucky. Jack Daniel’s Parent company
Blatt wrote that a lower court decision provides “near-blanket protection” It can be humorous trademark infringement. It has, she stated. “broad and dangerous consequences,” This is a reference to children who were admitted after eating marijuana-infused products. that Packaging for imitation candy
VIP Products is Allowed to confuse consumers dog toys, “other funny infringers can do the same with juice boxes or marijuana-infused candy,” Blatt wrote.
The toy is Part of a Silly Squeakers VIP Products that They can be used to mimic alcohol, beer and wine. Mountain Drool is included. parodies Mountain Dew, and Heini Sniff’n, which parodies Heineken. In 2008, a court prohibited the sale of Heineken. its Budweiser parody, ButtWiper.
The company started to sell its Bad Spaniels toy In 2014 Jack Daniel’s VIP demanded that the company stop but was granted permission to continue to sell. its product. Jack Daniel’s The case won in the first round of court, but was denied an appeal. The case reached the Supreme Court at an earlier stage, but the justices didn’t bite.
Bad Spaniels isn’t the only parody puppy toy It was unable to avoid the fury of the brand it imitated. Louis Vuitton sued Chewy Vuiton for making luxury bags over Their luxurious purse dog toys. In 2007 a Federal appeals court sided for the chew toy’s manufacturers, Nevada-based Haute Diggity Dog. Louis Vuitton didn’t appeal to the Supreme Court.
The case is Jack Daniel’s Properties Inc. v. VIP Products LLC 22-148
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