In a unanimous decision, the US Supreme Court has recently ruled in favor of Jack Daniel’s in its legal dispute against a company selling a dog toy that resembles its whiskey brand.
The toy in question features the phrase “Old No. 2 on your Tennessee Carpet,” while the iconic Jack Daniel’s whiskey bottle is labeled as “Old No. 7 Tennessee Sour Mash Whiskey.”
The court determined that the dog toy constitutes a trademark infringement, reaching a unanimous verdict on Thursday.
The peculiar nature of the case sparked laughter in the courtroom, with a few humorous remarks included in the court’s opinion.
Justice Elena Kagan, the author of the court’s opinion, humorously acknowledged the uncommon pairing of “dog toys and whiskey,” stating, “This case is about dog toys and whiskey, two items seldom appearing in the same sentence.”
Justice Elena Kagan also playfully urges court observers to “recall what the bottle looks like (or better yet, retrieve a bottle from wherever you keep liquor; it’s probably there)”.
The Supreme Court’s decision overturns an appeal that previously classified the dog toy as a “non-commercial” parody, therefore eligible for protection under the First Amendment’s free speech rights. The case has now been sent back to lower courts for further consideration.
Jack Daniel’s argued in their legal filing that VIP Products LLC, based in Arizona, was profiting “from Jack Daniel’s hard-earned goodwill” and causing consumer confusion by associating “Jack Daniel’s with excrement”. The dog toy is priced at approximately $20 (£16).
While the actual liquor bottle states “40% alcohol by volume,” the “Bad Spaniels Silly Squeaker” chew toy features phrases like “43% poo by volume” and “100% Smelly.” The packaging explicitly states that it has no affiliation with Jack Daniel’s.
In addition to this particular toy, VIP Products LLC also produces similar toys resembling other well-known alcohol and soda brands.
Attorneys representing Jack Daniel’s, the Tennessee whiskey company, expressed their lack of amusement over the pun used in the dog toy.
“Jack Daniel’s loves dogs and appreciates a good joke as much as anyone. But, likes its customers even more, and doesn’t want them confused or associating its fine whiskey with dog poop,” wrote Lisa Blatt, Jack Daniel’s attorney, in court documents.
The Biden administration and major brands, including Nike, Campbell Soup Company, Patagonia, and Levi Strauss, had urged the Supreme Court to rule in favor of Jack Daniel’s.
Following the ruling, a spokesperson for Jack Daniel’s expressed satisfaction with the outcome.
” Jack Daniel’s is a brand recognised for quality and craftsmanship, and when friends around the world see the label, they know it stands for something they can count on,” said Svend Jansen.
“We will continue to support efforts to protect the goodwill and strength of this iconic trademark.”
This case marks the second recent intellectual property ruling by the Supreme Court. In May, the court determined that artist Andy Warhol had violated a photographer’s property rights by using the photographer’s images to create silk screen prints featuring the musician Prince.
