The Supreme Court is hearing a spirited dispute Wednesday between whiskey maker Jack Daniel’s and the Arizona-based manufacturer of a squeaking dog toy that parodies the liquor's bottle and label.
Arizona-based VIP Products produces the Bad Spaniels toy. While the original bottle has the words “Old No. 7 brand” and “Tennessee Sour Mash Whiskey,” the parody proclaims: “The Old No. 2 on Your Tennessee Carpet.” The original bottle notes it is 40% alcohol by volume. The parody features a dog's face and says it’s “43% Poo by Vol.” and “100% Smelly.”
Blatt wrote that Jack Daniel’s “welcomes jokes at its expense” but that the toy VIP sells misleads customers, profits “from Jack Daniel’s hard-earned goodwill” and associates its “whiskey with excrement.”
Not a good toy. Buy it if you hate your pet? That’s what it could be misinterpreted as! Come on people! We can do better than this!
I'm no expert but I see enough differences to say it's not copyright infringement. Makes me not want to support Jack Daniels.
Hope Jack Daniels has to pay their legal fees