Written by: Katie Scott, business reporter Brainz Magazine
The US Supreme Court is the scene of a trademark dispute between the veteran drinks maker and a toy firm over the Jack Daniel’s signature whiskey bottle.
The "Bad Spaniels Silly Squeaker" toy was created by Arizona-based VIP Products and has been sold since 2014. The line also includes products that mimic beer bottles; wine and liquor bottles. Sky News reports: “Its most noticeable parody yet is its "Tennessee Sour Mash Whiskey" toy, which includes the wording: "The Old No. 2 on Your Tennessee Carpet."
While the Jack Daniel's bottles have the words: "Old No. 7 brand" and "Tennessee Sour Mash Whiskey”. The original bottle notes it is 40 percent alcohol by volume and the parody features a dog's face and says it is "43 percent Poo by Vol." and "100 percent Smelly”."
Jack Daniels is causing a stink; and argues that the toy does not qualify as a parody. Justice Elena Kagan seemed to agree, stating in court: "Maybe I just have no sense of humour. But what's the parody?" She added that the toy seemed to her to be an "ordinary commercial product" and that it was trading on the famous silhouette of the Jack Daniel’s signature bottle.
The company’s lawyer, Lisa Blatt, wrote in a filing that sits with the high court: "Jack Daniel's loves dogs and appreciates a good joke as much as anyone. But Jack Daniel's likes its customers even more and doesn't want them confused or associating its fine whiskey with dog poop."
The case is expected to reach a verdict in late June.
