Unamused, Jack Daniel’s demanded VIP stop selling Bad Spaniels, and VIP sued. The company claimed it wasn’t liable for trademark infringement, based on the Rogers v. 7 Brand Tennessee Sour Mash Whiskey” and “43% poo by vol.” instead of “40% alc. 2 on Your Tennessee Carpet” instead of “Old No. The dispute centers on VIP’s “Bad Spaniels” dog toy - part of its “Silly Squeakers” line. (“Yes, they squeak when bitten,” the Supreme Court clarified.) The Bad Spaniels toy is meant to resemble a bottle of Jack Daniel’s, with various aspects of the bottle’s design replaced by dog-related humor: “The Old No. Unanimously siding with Jack Daniel’s, the high Court offered several lessons for use of brands in movies, television shows and other media - and, more importantly, left a number of questions open for future resolution that may substantially impact entertainment and content branding.Įven a Parody Can Be Trademark Infringement Supreme Court ruled on a closely watched trademark dispute between storied whiskey maker Jack Daniel’s and a dog toy company that had used its image.
In its recent decision in Jack Daniel’s Properties, Inc. A chewable dog toy is at the heart of one of this year’s key court cases for media companies and creators.
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