Jack Daniel’s Wins Supreme Court Ruling in Trademark Dispute Over Poop-Themed Dog Toy

Stacey Ritzen
·2 min read
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The U.S. Supreme Court has sided with Jack Daniel's in a unanimous decision over a trademark dispute between the Tennessee whiskey brand and VIP Products, the country's second-largest dog toy manufacturer. The point of contention came down to a toy parodying the famous bottle as part of a line of chewy dog toys called Silly Squeakers.

The vinyl toy, which is shaped and designed similarly to a Jack Daniel's bottle, features the name "Bad Spaniels" on the label, swapping out the tagline "Old No. 7 Brand Tennessee Sour Mash Whiskey" for "The Old No. 2 On Your Tennessee Carpet," an obvious reference to excrement. It also changes the alcohol-by-volume designation from "40% ALC. BY VOL. (80 PROOF)" to "43% POO BY VOL." and "100% SMELLY."

Before heading to the SCOTUS, the legal battle between Jack Daniel's and VIP Products had been drawn out in lower courts. A district court initially found in favor of Jack Daniel's, however an appeals court later sided with the dog toy maker. In its ruling, the appeals court cited the so-called Rogers test—which stems from a landmark ruling that protects uses of trademarks as long as artistic relevance is demonstrated and consumers are not mislead.

But the highest court wasn't having that argument, as Justice Elena Kagan explained in the unanimous opinion.

“Today’s opinion is narrow. We do not decide whether the Rogers test is ever appropriate, or how far the ‘noncommercial use’ exclusion goes,” Kagan wrote, according to CNN. "The use of a mark does not count as noncommercial just because it parodies, or otherwise comments on, another’s products."

"We hold only that it is not appropriate when the accused infringer has used a trademark to designate the source of its own goods—in other words, has used a trademark as a trademark," she added. "That kind of use falls within the heartland of trademark law, and does not receive special First Amendment protection."

For now, the "Bad Spaniels" Silly Squeakers remains available on shelves and online at places such as Amazon and Walmart, along with other "parody" toys in the line including Doggie Walker, Dos Perros, Smella Arpaw, Canine Cola, and Mountain Drool.