Court sides with Jack Daniel’s in dispute with makers of dog toy
National News
The Supreme Court on Thursday gave whiskey maker Jack Daniel’s reason to raise a glass, handing the company a new chance to win a trademark dispute with the makers of the Bad Spaniels dog toy.
In announcing the decision for a unanimous court, Justice Elena Kagan was in an unusually playful mood. At one point while reading a summary of the opinion in the courtroom Kagan held up the toy, which squeaks and mimics the whiskey’s signature bottle.
Kagan said a lower court’s reasoning was flawed when it ruled for the makers of the rubber chew toy. The court did not decide whether the toy’s maker had violated trademark law but instead sent the case back for further review.
“This case is about dog toys and whiskey, two items seldom appearing in the same sentence,” Kagan wrote in an opinion for the court. At another point, Kagan asked readers to “Recall what the bottle looks like (or better yet, retrieve a bottle from wherever you keep liquor; it’s probably there)” before inserting a color picture of it.
Arizona-based VIP Products has been selling its Bad Spaniels toy since 2014. It’s part of the company’s Silly Squeakers line of chew toys that mimic liquor, beer, wine and soda bottles. They include Mountain Drool, which parodies Mountain Dew, and Heini Sniff’n, which parodies Heineken beer.
While Jack Daniel’s bottles have the words “Old No. 7 brand” and “Tennessee Sour Mash Whiskey,” the toy proclaims: “The Old No. 2 on Your Tennessee Carpet.” The original bottle notes it is 40% alcohol by volume. The parody features a dog’s face and says it’s “43% Poo by Vol.” and “100% Smelly.”
The packaging of the toy, which retails for around $20, notes in small font: “This product is not affiliated with Jack Daniel Distillery.”
Jack Daniel’s, based in Lynchburg, Tennessee, wasn’t amused. Its lawyers argued that the toy misleads customers, profits “from Jack Daniel’s hard-earned goodwill” and associates its “whiskey with excrement.”
At the center of the case is the Lanham Act, the country’s core federal trademark law. It prohibits using a trademark in a way “likely to cause confusion ... as to the origin, sponsorship, or approval of ... goods.”
A lower court never got to the issue of consumer confusion, however, because it said the toy was an “expressive work” communicating a humorous message and therefore needed to be evaluated under a different test. Kagan said that was a mistake and that “the only question in this case going forward is whether the Bad Spaniels marks are likely to cause confusion.”
Kagan also said a lower court erred in its analysis of Jack Daniel’s claim against the toy company for linking “its whiskey to less savory substances.”
The opinion was one of four the court issued Thursday, including a 5-4 ruling in favor of Black voters in Alabama in a congressional redistricting case. The case had been closely watched for its potential to weaken the landmark Voting Rights Act.
The case is Jack Daniel’s Properties, Inc. v. VIP Products LLC, 22-148.
Related listings
-
Convictions tossed in 2016 death of 16-year-old shot in minivan in Trenton
National News 06/21/2023An appeals court in New Jersey has tossed out the convictions of a man sentenced to 55 years in prison after being tried as a teenager in the 2016 death of a girl who was shot in a minivan as she and other juveniles were riding around Trenton.The cou...
-
Southern Indiana man bolts from courtroom before capture
National News 06/07/2023A man sentenced to 200 days in jail for a probation violation bolted from a southern Indiana courtroom and tried to escape before two shocks from a stun gun brought him down, police said.Trevin Littlejohn, 35, of Columbus, faces a new charge of resis...
-
Adnan Syed’s lawyer appeals to Maryland Supreme Court
National News 05/25/2023Adnan Syed’s lawyer asked Maryland’s highest court on Wednesday to overturn a lower court’s ruling that reinstated his murder conviction from more than two decades ago — after he was freed last year in a legal case that gained...
Victorville CA DUI Lawyers - Drunk Driving Defense Attorney
If you fail a sobriety test or have a blood alcohol level above 0.8%, you are considered to be driving under the influence in which you will be arrested. During this time you will be read your Miranda rights and it is crucial to exercise your right to remain silent. As they say, “anything you say can and will be held against you in court.” The courtroom takes no mercy on drunk drivers and any statement you make during your arrest will only damage your case. The charges you are facing for a DUI range from fines, a 12-month suspension on your license and worst-case scenario, prison time. Your attorney will be able to analyze your situation to decide the best way to go about your case. Our Victorville CA DUI Lawyers attorneys know the tricky ways to challenge all of the DUI tests and know how to claim improper collection of evidence. We will be able to negotiate on your behalf and free you from charges and help you keep your drivers license. The DUI process can last up to several months, we can make this process easier on you.