Iconic American whiskey maker Jack Daniel’s is suing an Arizona based dog toy company. Apparently, the spirits giant feels VIP Products has infringed on their trademark rights. Specifically because of the similarity between VIP’s ‘bad spaniel’ whiskey bottle toy and the Tennessee label. Daniel’s is afraid the toy make the company look bad with it being made from “43% poo by vol.,” and the “Old No. 2 on Your Tennessee Carpet.”
Jack Daniel’s wants the company to stop sales, in order to prevent further tarnishing their…wholesome image.
The Supreme Court has agreed to take the case. In all likeliness, it will be thrown out as the dog toy is a parody. Â Parody is protected by the First Amendment, but they can still be sued. Jack Daniel’s would have to prove that there is a discriminatory message somewhere involved in the toy.
“It is ironic that America’s leading distiller of whiskey both lacks a sense of humor and does not recognize when it — and everyone else— has had enough,” VIP Products said in their response to the case. “VIP has never sold whiskey or other comestibles, nor has it used ‘Jack Daniel’s’ in any way (humorously or not). It merely mimicked enough of the iconic bottle that people would get the joke.”
Jack Daniel’s tried to sue the company back in 2020, but the court threw that case out. That’s what prompted them to seek an audience with the Supreme Court.
The lawsuit brings more eyes on the parody product Jack Daniel’s is trying to get rid of. If you want to get one of these dog toys for your own collection of unusual things, or have a dog that might like it, you can get one here.
