Home Markets Supreme Court to hear Jack Daniel’s trademark lawsuit against dog toy company

Supreme Court to hear Jack Daniel’s trademark lawsuit against dog toy company

by SuperiorInvest

Jack Daniel’s, Tennessee whiskey.

News | Universal Images Group | Getty Images

The Supreme Court has agreed to hear a trademark case centered on a squeaky dog ​​toy that is “43% Poo by Vol.” and “100% smelly.”

Court on Monday he agreed to hear a trademark lawsuit brought by whiskey maker Jack Daniel’s against VIP Products, an Arizona-based company that sells imitation liquor, beer, wine and soda bottles.

The toy in question, called the Bad Spaniels Silly Squeaker, closely resembles the classic bottle of Jack Daniel’s Old No. 7 Black Label Tennessee Whiskey. It features a cartoon spaniel on the front and references to Jack Daniel’s Old No. 7, such as the label “Old No. 2 on your Tennessee carpet.”

Toy sells online for around $17 and notes on the packaging in small print: “This product is not affiliated with Jack Daniel Distillery,” according to the Associated Press.

Jack Daniel’s claims VIP Products violates federal trademark law and may confuse shoppers, while VIP Products claims the toy is a “distinctive work” under First Amendment protection.

In a 2020 decision, the US Court of Appeals for the 9th Circuit sided with VIP Products, prompting Jack Daniel’s to seek further relief from the Supreme Court. The court is likely to hear arguments in the Jack Daniel’s case early next year.

VIP Products also sells spoofs of other popular liquor bottles, including “Stella Arpaw,” which mimics designs from beer maker Stella Artois, and “HeineSniff’n,” which resembles Heineken.

In 2008, VIP Products lost a similar case brought by the Budejovice manufacturer Anheuser-Busch, which sued the company over a toy labeled “ButtWiper”.

VIP declined to comment Tuesday because of the pending litigation. Representatives for Jack Daniel’s did not immediately return a request for comment.

Source Link

Related Posts

%d bloggers like this: